4A - Variance Application to Create an Undersized Lot

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D. The variance will not create a land use not permitted in the zone, and E. The variance will not alter the essential character of the locality, and F. The variance is not for economic reasons alone, but reasonable use of the property does not exist under this Chapter. Staff Findings: Staff provides the following findings of fact addressing the variance request: 1. The applicant has requested a variance to create a parcel in the Shoreline Residential Zone which does not meet the minimum width requirement of that zone. 2. The subject property may be subdivided into three conforming parcels. The proposal to use the subject property for residential purposes in not unreasonable, but the creation of an undersized lot is not permitted by the code. 3. The subject property is 367 ft in width while the minimum width to create four conforming lots is 400 ft. The plight (inability to create four parcels on the subject property) of the landowner is due to the size and shape of the parcel which the current land owner did not create. 4. The proposed use of the property is for residential purposes. The addition of another parcel within the subject property will not alter the essential character of locality. 5. The proposal does seem to be for economic reasons. Economic considerations alone do not constitute practical difficulties. The subject property may be subdivided into three conforming parcels. There are no practical difficulties for the variance request other than for economic reasons. 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: Minnesota Administrative Rules, Chapter 6120 "Shoreland and Floodplain Management" Part 6120.3300 "Zoning Provisions," Subp. 2a. "Lot area and width standards for single, duplex, triplex, and quad residential development; lake classes," states that the minimum lot width for a lot on a "General Development" Lake that is served by a centralized sewer system is loo feet. In order for the City to approve the application, it must be determined that there are practical difficulties in complying with the ordinance while economic reasons alone do not constitute practical difficulties. Staff has not been able to identify any practical difficulties with the request other than for economic reasons. Pequot Lakes Staff Report 4(a)-3 July 18,2013