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7. The existing height of the building is 19 ft, with the additional two courses and increase in roof pitch, the height of the dwelling will be 21 ft. 8. The property owner has the right to replace the structure with a structure of the exact dimensions, footprint, roof pitch, etc. 9. The improvement of the structure requires a variance since the property owner wishes to increase the overall height of the structure. On the modification of the Non-conforming Dwelling: 10. The strict interpretation of the Ordinance would not create undue hardship for the modification of the existing dwelling. The property owners are allowed to replace the existing dwelling with a dwelling of the exact dimensions. Additionally, there is ample room on the property for construction of a conforming dwelling. 11. The strict interpretation of the Ordinance would not be impractical because of circumstances relating to lot size, shape, topographic, or other characteristics of the property not created by the land owner. The only impediment to constructing a conforming dwelling as a replacement to the non-conforming structure is the placement of the garage, which is a condition created by the property owner. 12. The deviation from the Ordinance would not be in keeping with the spirit and intent of the Ordinance. The ordinance allows for the ongoing maintenance of existing non-conforming structures, but requires new structures to conform to the code. 13. The variance will not create a land use not permitted in the zone. The variance is for a residential dwelling, which is an allowable use in the Shoreline Residential Zone. 14. The variance will not alter the essential character of the locality. 15. The variance is not for economic reasons alone, but reasonable use of the property does exist under the ordinance. On the Installation of the SSTS: 16. The strict interpretation of the Ordinance would create an undue hardship for the installation of a SSTS. There does not appear to be adequate space, without encroaching into the sideyard and lakes setbacks, for a private sewer system. 17. The strict interpretation of the Ordinance would be impractical because of circumstances relating to lot size, shape, topographic, or other characteristics of the property not created by the land owner. The subject property has topographic limitations that restrict the areas suitable for SSTS installation. 18. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance. 19. The variance will not create a land use not permitted in the zone. The variance is for placement of an SSTS, which is an allowable use in the Shoreline Residential Zone. 20. The variance will not alter the essential character of the locality. 21. The variance is not for economic reasons alone, but reasonable use of the property does not exist under the Ordinance. Subject to the following conditions: 1. All of the structures on the property shall be guttered and the stormwater shall be Pequot Lakes Staff Report 7(a)_2 August 15,2013