4A - Variance Application to Encroach SSTS within Sideyard Setback

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Pursuant to the Pequot Lakes City Ordinance, Section 170.040, the applicant should be prepared at �. the public hearing to explain the unique hardship for the proposed variance. A hardship is defined as a condition whereby the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if reasonable use for the property exists under the terms of the Ordinance. (1) What are the unique circumstances of the parcel size, shape, topography or other characteristics that make strict interpretation of the Ordinance impractical? Our lot is in a pie shade We had enough space for a reasonable site plan before the 2011 changes in the septic system setbacks. These new changes forced the drainfield further into the building envelope. The shifting of the drainfield, closer to the road, narrowed the front of the building envelope considerably. We can change our plans to accommodate the 75 foot setback for buildings and sewer systems for environmental reasons. The granting of a variance to move the drainfield 5 feet closer to the property line will not affect the 75 foot setback or have any environmental effects. The extra 5 feet will allow us to proceed with a plan that will work for the lot. (2) How is granting this variance consistent with the intent of the City of Pequot Lakes Land Use or Subdivision Ordinance? This variance request will not encroach on the setbacks needed to ensure water quality of our lakes. The neighboring lot line, where the requested drainfield setback variance is approaching, has no use or dualities which would be affected variance. (3) How will reasonable use of the parcel be deprived if the variance is not granted? Plans to build on our lot have been in the works for 10 years and we were planning to build in 2012. We have had to change our plans considerably because of the 2011 ordinance changes. Granting the variance will allow us to build a structure that will have adequate access for people and vehicles and be attractive to the neighborhood. (4) What other options, either conforming or non-conforming, have been considered and why were those options not chosen? I was not considering asking for a variance to for the 75 foot sewer system setback because I believe in preserving water duality. We cannot purchase any more footage from the opposite side of our lot (East) because we need to maintain their building setback. The only alternative is to locate the drainfield on the West side of the lot (5) Describe the impact on the use and enjoyment of other property in the immediate vicinity. If there is no impact,explain why. There would be no impact. The adjoining lot has buildings, road, well, and septic drainfield on the opposite side of the neighboring lot. The property line where the variance would approach is not maintained and consists of underbrush and trees. 3 REV: MAR 2009