3.1 Variance to Construct a Dwelling within the Setback of West Twin Lake - Continuation

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level. Other single family dwellings in the vicinity of the subject property also encroach the 75' OHW level setback requirement. 8. The deviation from the Code will still be in harmony with the general purposes and intent of the City Code and Comprehensive Plan. a. The proposed dwelling is consistent with the following policy contained in the comprehensive plan(Pg. 10): "Ensure that new housing is properly scaled to the neighborhood and designed in a way that enhances the public realm." The proposed dwelling is similar is size and architectural style to other dwellings in the vicinity of the subject property. 9. The variance will not create a land use not permitted in the Shoreline Residential zone. Single family dwellings are a"permitted use." 10.The variance will not alter the essential character of the locality as the neighboring dwellings are constructed within the lake setback. 11. The variance has not been made based on economic considerations. The existing overhead electric power line and relatively steep topography restricts the buildable lot area to the south. FOR DENIAL: 1. The subject property is located at 4412 Jack Pine Drive and is in the "Shoreline Residential"and"Rural Residential"zones. 2. The subject property is vacant. 3. The applicant proposes to construct a 1,552 square foot dwelling 58 feet from the Ordinary High Water Mark(OHW). The setback from the OHW in the Shoreline Residential zone is 75 feet. 4. The subject property is served by a deep well and compliant septic system. 5. The applicant has provided a storm water management plan created by a licensed engineer. The proposed plan manages stormwater runoff generated by the proposed dwelling for the 5-year storm event by utilizing swales on the east and west sides of the dwellings and drainage areas (infiltration basins)located north and south of the proposed dwelling location. The proposed"north basin"is .63'feet with an area of 184 sf. The proposed"south basin"is .32'deep with an area of 218 sf. The engineer noted the subject property contains"sandy soils"and the"two basins capture 100% of the runoff from the new home on a 5 year storm." 6. The applicant has not established that there are practical difficulties in complying with the Code. There is adequate buildable area located south of the existing SSTS(south of Jackpine Drive). The subject property also contains sufficient buildable area for a smaller dwelling located north of Jack Pine Drive. A.The plight of the landowner(location of the SSTS)was created by the landowner.The lot contained additional buildable area on the south side of the roadway. Applicant installed a septic system in 2018 to utilize the vacant lot with a recreational vehicle in that buildable area Pequot Lakes Staff Report 3.1-10 March 17,2022