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

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7. The property owner proposes to use the property in a reasonable manner. Adjacent properties contain dwellings constructed within the 75-foot setback. 8. The deviation from the Code will not be in harmony with the general purposes and intent of the City Code and Comprehensive Plan. a. The required setback for property adjacent to a"General Development" Lake is 75'. The setback requirement was established to create a buffer area between dwellings and public water bodies. The buffer area allows for stormwater to be properly treated before draining to the lake.The buffer area also provides for vegetative screening for dwellings as viewed form the lake. The proposed location of the dwelling is not consistent with the city code. b. The proposed location of the dwelling is not consistent with the following policy contained in the comprehensive plan: "Ensure that new development adds to the character of the community and enhances the sense-of-place." 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 request has not been made based on economic considerations. Staff Recommendation: We recommend that the variance request to construct a dwelling within the lake setback be approved, based on the above findings and subject to the following conditions: 1. Existing trees and vegetation between the dwelling and the OHW as indicated on the Screening Plan shall remain in a live state to provide screening as viewed from the lake. In the event the existing trees and vegetation dies or is damaged by a natural event, additional trees and vegetation shall be planted to provide screening as viewed from the lake. Pequot Lakes Staff Report 3.1-11 March 17,2022