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4. The applicant has not established that there are practical difficulties in complying <br /> with the official control. The subject accessory structure was constructed at a <br /> height not allowed by the permit issued by the City. <br /> 5. The"plight"of the landowner was created by the landowner. <br /> 6. The deviation from the ordinance will not be in harmony with the general <br /> purposes and intent of the ordinance and comprehensive plan. <br /> 7. The variance will not create a land use not permitted in the "Shoreline <br /> Residential'zone.Accessory structures are"permitted"in that zone. <br /> 8. Granting of the variance will aesthetically alter the essential character of the <br /> locality. <br /> 9. The variance request does appear to be for economic reasons. Reasonable use of <br /> the property does exist under the current code. <br /> Board of Adjustment Direction: The Board of Adjustment can approve of the <br /> variance application, deny the application, or table the request if additional information <br /> is needed. If the motion is for approval or denial,findings of fact should be cited. <br /> Staff Recommendation: The purpose for the 13 ft maximum height for accessory <br /> structures in the "Shoreline Residential' zone is so the structures cannot have <br /> "habitable" space above them. The height limitation of accessory also preserves the <br /> natural character of City,especially when viewed from the lakes. <br /> The property owner was made aware of the maximum height requirement when the land <br /> use permit was issued for the structure. We recommend the city direct the property <br /> owner to alter the structure so that it meets the maximum height limit, as required by <br /> code. <br /> If the Board of Adjustment is inclined to approve the application,we recommend they do <br /> so with the following condition to screen the structure as viewed from adjacent private <br /> property, East Twin Lake and the public right-of-way: <br /> 1. Eight evergreen trees with a minimum planted height of 13 feet shall be planted <br /> on the subject property to screen the accessory structure. The location and <br /> species of trees shall be determined by the property owner and city staff. Said <br /> trees shall be planted no later than May 21, 2015. <br /> If the application is approved, the findings of fact listed above should be amended to <br /> support the decision. <br /> Pequot Lakes Staff Report 4(a)_3 <br /> October 16,2014 <br />