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properties if those properties were to be developed as per the Pequot Lakes <br /> Land Use and Subdivision Ordinance. <br /> 7. Side lot lines shall be substantially at right angles to straight road lines or <br /> radial to curved road lines, radial to lake or stream shores, and shall not <br /> contain bends or jogs unless topographic conditions necessitate a different <br /> arrangement. Existing structures shall not be construed to be a topographic <br /> condition. <br /> 8. Each lot shall have a minimum of 33 feet of frontage on a designated right of <br /> way. Commonly owned property or Green Space used for access in a Planned <br /> Unit Development shall have a minimum of 33 feet of frontage on a public <br /> right of way. <br /> Staff Findings: Staff provides the following findings of fact for consideration: <br /> 1. The subject property is properly zoned Urban Residential. Tract B is currently <br /> used for residential purposes while Tract A contains two accessory structures and <br /> may be used for residential purposes in the future. <br /> 2. Both of the proposed properties have more than 6,250 square feet of buildable <br /> area. Neither Tract A nor Tract B would be constrained from future development. <br /> 3. Tract "A" contains two non-conforming structures. One of the non-conforming <br /> structures crosses the eastern property line and is approximately 3.26' into the <br /> public right-of-way. The other non-conforming accessory structure is <br /> approximately 6.62'from the south property line,while typically 10'is required. <br /> 4. Tract "B" contains a non-conforming accessory structure which is approximately <br /> 4.96 from the side property line while typically 10' is required. It also contains a <br /> conforming dwelling. <br /> 5. Tract"A"has approximately 13%impervious surface coverage while Tract"B"has <br /> approximately 29% impervious surface coverage. Both are below the 40% <br /> maximum. <br /> 6. The property is suitable in its natural state for the intended purpose and this lot <br /> split would not be harmful to the health, safety, or welfare of future residents or <br /> of the community. <br /> 7. The subject property is currently served by the municipal water and sewer <br /> system. Tract "A' is adjacent to the public sewer and water system. It may be <br /> connected to the systems in the future. <br /> 8. The applicant is not proposing any provisions for water-based recreation. <br /> 9. Both tracts will conform to the minimum requirements of the Urban Residential <br /> Zone. <br /> 10. Lot layouts are compatible with the existing layout of adjoining properties. <br /> 11. Both Tract A and Tract B meet the minimum frontage on public right-of-way <br /> requirement of 33 feet. <br /> Planning Commission Direction: The Planning Commission may approve the metes <br /> and bounds subdivision, develop findings to deny the metes and bounds subdivision, or <br /> table the subdivision request to gather additional information on which to base a <br /> decision or to provide the applicant time to modify the proposal. <br /> Staff Recommendation: The subject property currently contains three <br /> non-conforming accessory structures, one of which is crossing an existing property line. <br /> The proposed subdivision would not create any new non-conformities. We recommend <br /> the application be approved with the following condition: <br /> Pequot Lakes Staff Report 7(a)-3 <br /> September 15,2011 <br />