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Mr. Marohn explained the Staff Report. Staff is looking for direction from the Planning <br /> Commission whether the nonconforming lot provisions apply to the establishment of a <br /> principle structure or after the establishment of a principle structure. <br /> We have lots that are nonconforming. If the lot is nonconforming, does the improvement <br /> need a variance or not. <br /> Is Section 4.4, Subpart 4 A, meant to refer to the structure or the entire property? <br /> Is the issue for establishing a use or is the issue whenever there is a nonconforming lot, <br /> whatever you do would require a variance. <br /> On a nonconforming lot, to do anything would require a variance. <br /> If it doesn't meet the 80%rule, it would need a variance. The 80%rule may be more <br /> restrictive than state meant. Surrounding ordinances all say 80%, but not a percent <br /> mandated by the state. <br /> A variance does not make sense when the addition meets all of the requirements, not <br /> within any setback. <br /> Staff needs to follow the ordinance and to be consistent across the board. Decisions need <br /> to have a basis and need to be consistent and fair to everybody. We need to have <br /> consistency through the process to protect everyone. <br /> See if it meets the test as outlined in 4.4, Subpart 4, to be consistent. <br /> To answer the questions at the end of the Staff Report: <br /> 1. Applies to all construction. <br /> 2. Property may be nonconforming due to setbacks and a nonconforming lot. Does a <br /> nonconforming lot come into play with 4.4? If you hold true to letter A, you <br /> wouldn't qualify for an addition, unless you meet the 80%rule without variance. <br /> Should we allow an addition within the setback? Addition has to be 10 feet from lot line. <br /> Additions shall conform to all setbacks. Addition should not encroach within the <br /> setback. Staff was directed to bring this discussion to another meeting. <br /> Staff issued a permit for construction with the 1 time provisions as written on a <br /> nonconforming lot. It would have required a variance after our discussion tonight. <br /> Should we request an After the Fact variance or tear down the addition? Construction <br /> was completed several years ago. Staff was directed that there would be no After the <br /> Fact application required on this property for this construction. <br /> Future applications will be processed per this discussion/interpretation. <br /> Minutes 4 <br /> Pequot Lakes Planning Commission <br /> October 16, 2008 <br />