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

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Planning Commission Direction: The Planning Commission can approve the variance, deny the application, or table the request if additional information is needed. If the motion is for approval or denial, Findings of Fact should be cited. Staff Findings: Staff provides the following Findings of Fact for consideration by the Planning Commission for approval OR denial: FOR APPROVAL: 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 established that there are practical difficulties in complying with the Code. Jack Pine Drive dissects subject property leaving insufficient space to construct a dwelling on the north side of the roadway meeting the 75-foot setback. a. The property owner proposed to utilize the property in a reasonable manner. The proposed dwelling is modest in size and is situated on the property similar to other dwellings in the vicinity of the subject property. The proposed location of the dwelling is not within the Shore Impact Zone 1. b. The plight of the landowner is due to circumstances unique to the property(location of the roadway and powerline and limited buildable area)was not created by the landowner. 7. The property owner proposes to use the property in a reasonable manner. Adjacent properties contain dwellings constructed within the 75-foot setback.The dwelling located on the property adjacent to the east of the subject property is located 58'from the OHW level with a roof"overhang" located 5o'from the OHW level. The dwelling located on the property adjacent to the west of the subject property is located 53'from the OHW Pequot Lakes Staff Report 3.1-9 March 17,2022