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6. The applicant has established that there are practical difficulties in complying with the code as the structure is pre-existing/con-conforming and cannot be `— expanded without a variance. 7. Much of the subject property area is classified as a "bluff" The pre-existing structure was constructed by a previous landowner within the bluff impact zone. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. 8. The deviation from the ordinance, with conditions, will still be in harmony with the general purposes and intent of the ordinance and comprehensive plan. 9. Single family dwellings are a permitted use in the Shoreline Residential Zone. The variance will not create a land use not permitted in the Shoreline Residential Zone. 1o. The subject property is surrounding by residential development. The variance will not alter the essential character of the locality of the subject property. 11. The variance does not appear to be for economic reasons alone and reasonable use of the property seems to exist under the code. Board of Adjustment Direction: The Board of Adjustment can approve of the variance application, 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 Recommendation: The proposed additions to the structure are outside the lake setback, the proposed impervious surface coverage of the property is only half of the allowance and an adequate stormwater management plan for the property has been submitted. We recommend the application be approved with the following conditions: i. Before any land is disturbed for construction purposes, appropriate temporary erosion control measures (including the use of a silt fence on the lake-side of the principal structure) shall be installed. Staff shall verify these measures before construction activities commence. The erosion control devices shall remain in place until construction on the property is complete and all the disturbed areas are restored. 2. A detailed drawing verifying the height of the proposed modified principal structure is below 25 feet as defined by ordinance shall be submitted with the land use application. 3. In accordance with Section 4.3 "Use of Pre-Existing Lots," Lot i and Lot 2 shall be consolidated before a land use permit is issued for the subject property. 4. The stormwater management plan dated March 21, 2014 shall be implemented in full. Pequot Lakes Staff Report 4(a)-5 April r7,2014