Laserfiche WebLink
consideration for the following: <br /> A. The applicant establishes that there are practical difficulties, as <br /> defined in this ordinance, in complying with the official control, <br /> and <br /> B. The plight of the landowner is due to circumstances unique to the <br /> property not created by the landowner, and <br /> C. The deviation from the Ordinance with any attached conditions <br /> will still be in harmony with the general purposes and intent of the <br /> Ordinance and the Comprehensive Plan, and <br /> D. The variance will not create a land use not permitted in the zone, <br /> and <br /> E. The variance will not alter the essential character of the locality, <br /> and <br /> F. The variance is not for economic reasons alone, but reasonable use <br /> of the property does not exist under this Chapter. <br /> Staff Findings: Staff provides the following findings of fact addressing the variance <br /> request: <br /> 1. The applicant has requested an after-the-fact variance to exceed the maximum <br /> impervious surface coverage allowed in the Commercial Zone. <br /> 2. The proposed impervious surface coverage is approximately 52%, while 50% <br /> impervious surface coverage is allowed. <br /> 3. The applicants have submitted a letter from a licensed engineer indicating the <br /> existing stormwater management facilities onsite can manage the stormwater <br /> runoff generated by the 52% impervious surface coverage. This letter has not <br /> been received at the time this report was written. <br /> 4. The applicant has established there are practical difficulties in complying with <br /> the official control, as the property is fully "built out" according the previously <br /> approved plans. <br /> 5. The plight of the landowner is due to circumstances unique to the property. The <br /> addition of the private roadway during the conditional use permitting process <br /> increased the impervious surface coverage of the property. <br /> 6. The deviation from the ordinance will still be in harmony with the general <br /> purposes and intent of the ordinance and the Comprehensive Plan. <br /> 7. The property with continue to be used as a commercial property. The variance <br /> will not create a land use not permitted in the Commercial Zone. <br /> 8. The variance will not alter the essential character of the locality. <br /> 9. The variance is not for economic reasons alone. <br /> Pequot Lakes Staff Report 4(a)-3 <br /> February 21,2013 <br />