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2. The subject property is vacant. <br /> 3. The applicant proposes to construct a 2,068 square foot dwelling 5o feet <br /> from the Ordinary High Water Mark(011W). The setback from the OHW <br /> in the Shoreline Residential zone is 75 feet. <br /> 4. The subject property is served by a deep well and compliant septic system. <br /> 5. The applicant has established that there are practical difficulties in <br /> complying with the Code. Jack Pine Drive dissects subject property <br /> leaving insufficient space to construct a dwelling meeting the 75-foot <br /> setback. <br /> 6. The property owner proposes to use the property in a reasonable manner. <br /> Adjacent properties contain dwellings constructed within the 75-foot <br /> setback. <br /> 7. The deviation from the Code will still be in harmony with the general <br /> purposes and intent of the City Code and Comprehensive Plan. <br /> 8. The variance will not create a land use not permitted in the Shoreline <br /> Residential zone. <br /> 9. The variance will not alter the essential character of the locality as the <br /> neighboring dwellings are constructed within the lake setback. <br /> 10.The variance has not been made based on economic considerations. <br /> Staff Recommendation: We recommend that the variance request to <br /> construct a dwelling within the lake setback be approved, based on the above <br /> findings and subject to the following conditions: <br /> 1. Existing trees and vegetation between the dwelling and the OHW as <br /> indicated on the Screening Plan shall remain in a live state to provide <br /> screening as viewed from the lake. In the event the existing trees and <br /> vegetation dies or is damaged by a natural event, additional trees and <br /> vegetation shall be planted to provide screening as viewed from the lake. <br /> Pequot Lakes Staff Report 4.1-8 <br /> January 20,2022 <br />