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4A - Variance Application to Encroach SSTS within Sideyard Setback
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02-16-2012 Planning Commission Meeting
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4A - Variance Application to Encroach SSTS within Sideyard Setback
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Applicable Regulations: The following regulations apply to this property: <br /> Section 17-5.8 SHORELINE RESIDENTIAL (SR) <br /> 3. Lot and Use Requirements. <br /> Setback, side—feet,minimum 10 <br /> ISTS setback from OHW—feet,minimum 75 <br /> Section 17-11.7 VARIANCES <br /> 6. Variances shall be decided within the required time frame with <br /> 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: The Staff provides the following findings of fact addressing the <br /> additional signage: <br /> 1. The applicant has requested a variance to encroach the side yard setback on a <br /> conforming parcel in the Shoreline Residential Zone. <br /> 2. The proposed subsurface sewage treatment system is 5 feet from the south <br /> property line,while typically 10 feet is required. <br /> 3. The only structure on the subject property is a conforming 20' x 15' accessory <br /> structure. <br /> 4. The applicant has not established that there are practical difficulties in complying <br /> with the official control. Without a site plan for the future dwelling, it is difficult <br /> Pequot Lakes Staff Report 4(a)-2 <br /> February 16,2012 <br />
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