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A motion was made by Planning Commission Member Habein, seconded by Planning Commission Member Wilson,to approve the Variance based on the following Findings of Fact: 1. The subject property is located at 30607 Pequot Boulevard and is in the"Shoreline Residential" zone. 2. The property contains a pre-existing, non-conforming principal structure, a guest dwelling and two accessory structures. 3. The pre-existing, non-conforming principal structure is non-conforming because it is located within a bluff impact zone. 4. The proposed expansion of the principal structure includes the addition of second story, 15.5' x 40.3' deck/screen porch on the lake side of the structure and an 8' x 36.3' porch on the non-lake side of the structure. 5. The existing impervious surface coverage of the property is 8.5% while the proposed impervious surface coverage is 9.8%. 6. The applicant has established that there are practical difficulties in complying with the code as the structure is pre-existing/non-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. 10.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. And subject to the following conditions: 1. 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 1 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. Minutes 4 Pequot Lakes Planning Commission April 17,2014