06 - Planning and Zoning Monthly Report

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The deck is 12' X 28', house is 32'. Front of house, southwest side is further than 6.2 feet from the lot line. Landecker said the southwest corner of house is only approximately 2.5 feet in from the lot line. The setback line comes right under shutter. Window appears to be more than 2.5 feet from corner. Finding Of Fact Number 2 needs to be changed.: There are NO options. Granting of this variance would not preclude applicant from the one-time addition. Applicant isn't eligible today. Any future additions would require a variance. What they do today will not stop them from future additions. A motion was made by Bill Habein, seconded by John Derksen,to approve this variance request, based on the following amended Findings of Fact: For a Variance for Construction on a Non-Conforming Lot 1. The lot width at the OHW and building line is 75 feet and does not conform to 100 foot minimum. 2. The strict interpretation of the Ordinance would create undue hardship and would be impractical. There are options for the owner to make the lot conforming. The lot was in existence prior to the adoption of the current regulations. 3. The deviation from the Ordinance with attached `conditions would still be in keeping with the spirit and intent of the Ordinance, which is to provide for residential construction on the property. 4. The variance will not create a land use not permitted in the Shoreline Residential District. The property is currently used for residential purposes and will continue to be used for the same purpose. 5. A variance to construct on a non-conforming lot will not alter the essential character of the locality as surrounding properties are used for residential purposes and there is already an existing residence on this property. 6. Reasonable use of the property would not exists under the Ordinance if the lot dimension standards were strictly adhered to. For a Variance to Enlarge a Non-Conforming Structure 7. The current dwelling and deck encroach within the 10-foot side yard setback. 8. A strict interpretation of the Ordinance would be misapplied as the proposed deck would' conform to the setbacks, thus decreasing the level of non- conformity. 9. The deviation from the Ordinance, with attached conditions, would still be in keeping with the spirit and intent of the Ordinance as the proposed deck will not be encroaching within any setbacks. 10. The Variance will not create a land use not permitted in the Shoreline Residential District. A deck is a permitted land use in the Shoreline Residential District. 11. The Variance will not alter the essential character of the locality as it replaces a deck of similar size but does so in a location outside of the setback. MINUTES 7 Pequot Lakes Planning Commission August 21, 2008