7B - Metes and Bounds Subdivision

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The applicants are proposing to split a .33 acre tract of land from the southeast corner of the "Saatzer Tract" and consolidate it with the "Schaefer Tract" which is located immediately to the south. The proposal would leave the "Saatzer Tract" with 4.67 acres and the "Schaefer Tract" with 3.33 acres. A variance is required in order to create the non-conforming"Saatzer Tract,"because it was conforming before the subdivision. The proposed"land swap"would resolve the two of the non-conforming structure issues with the "Schaefer Tract". The 20' x 20' carport would remain non-conforming as it would not meet the 25 ft. setback requirement. It would encroach the setback by approximately five feet. Mr. Schaefer was granted a land use permit in 2007 to construct the pole building 29' from the property line and the io' x 16' accessory structure 25' from the property line. There is no record of when the 20'X 20'carport was constructed. Applicable Regulations: The following regulations apply to this application. Section 17-5.6 RURAL RESIDENTIAL (RR) 3. Lot, Use and Density Requirements. Lot Width- feet, minimum......................................................................200 Buildable Lot Area- acres, minimum..........................................................5 Setback,right-of-way, local streets - feet, minimum.................................50 Setback,right-of-way, collector and arterial streets - feet, minimum..........................................................................................50 Setback, side - feet, minimum....................................................................25 Maximum impervious coverage ............................................................ 15% Minimum design layout standards are detailed in Section 9.4.Applicable standards are listed here: 1. The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration required. Land subject to flooding, land below the ordinary high water mark, wetlands, areas with high water table, bluffs, lands with slopes exceeding 25% or land containing other significant constraint(s) upon future intended usage, shall not be considered in the minimum size of a lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sights, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 2. All non-conforming structures and uses shall be brought into conformity �- during the subdivision process, except as specifically waived by motion of the Pequot Lakes Staff Report 7(b)-2 January 19,2012