4A - Variance Application to Create an Undersized Parcel

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8. The variance will not alter the essential character of the locality. There will not be �. any additional structures built as part of this variance request. 9. The variance is to resolve a non-conformity issue. The variance, along with a subdivision, will allow an existing structure currently crossing the property line to be completely on the adjacent property owner's property. 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: Since the subject property currently meets all the requirements of the code, we simply cannot recommend approval of the variance. There are other alternatives to resolving the encroachment issue which will discussed later in the meeting. If the Planning Commission determines the applicant establishes that there are practical difficulties in complying with the official control, the variance should be approved. In that case, we do not have any recommendations for conditions since this application solely gives the property owner the ability, or permission, to create an undersized lot (with a metes and bounds subdivision). We do not have any recommendations for conditions for this particular application however we do have condition recommendations for the metes and bounds application related to this application. That application will be heard later in the meeting. It should be noted that the adjustment of the lot line and the creation of a non- conforming parcel will not alter the overall density of the area,particularly as the lots are both already built upon and cannot support additional subdivision. Pequot Lakes Staff Report 4(a)-3 January 19,2012