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11. The variance will not alter the character of the neighborhood. Adjacent properties <br />`.. have homes that have basements and non - conforming lots such as this property. <br />12. Without a variance for lot width and size, reasonable use of the property would <br />not exist, <br />Subject to the following conditions: <br />1. The structure shall remain in its current location and, through the course of <br />repairing the foundation and adding a basement, shall be raised two courses of <br />block over the existing grade. The maximum floor elevation shall be 1252.5 and <br />the total basement shall not exceed 12 courses. <br />2. The applicant shall be allowed to construct a walkout basement, but the <br />excavation to accommodate the walkout shall not extend lakeward beyond the <br />existing deck. Access to the excavated area beneath the deck shall be from the <br />westward side of the deck. <br />3. Silt fence, or other necessary erosion control devices, shall be erected prior to <br />excavation to control erosion and runoff. The applicant will notify staff when the <br />erosion control devices have been installed. <br />4. The applicant shall obtain a construction easement from the neighbor to the east <br />that will provide for the access needed to perform the construction and restoration <br />following project completion. <br />All members voted "aye ". Motion carried. <br />ADDITIONS OR DELETIONS TO AGENDA: <br />ADD: <br />New Business: 7. a. Joe Ryan, Oppidan <br />OPEN FORUM: None <br />NEW BUSINESS: <br />a. Joe Ryan, Oppidan, Inc. <br />Mr. Ryan explained that they have run into a tough situation. He presented a story board <br />of the approved site plan. He explained the rezone request and stated they cannot get the <br />property for the commercial zoning requirements or the connectivity to Olson Street. In <br />Addition, the Planning Commission had requested the building be turned to the north for <br />the Downtown Mixed Use zoning classification. The Operator will not pursue that. <br />Mr. Ryan stated he is looking for an indication to be allowed to pursue their plan under <br />the Downtown Mixed Use zone after the Council ratifies it and then come back to the <br />Planning Commission to redo the Conditional Use Permit that would allow them this <br />orientation, without any connectivity to the north and build the road to the south. He also <br />wondered if he could leave the zoning at Commercial and have a Variance to not require <br />Minutes 4 <br />Pequot Lakes Planning Commission <br />October 15, 2009 <br />