4A - Variance to Construct in Bluff & Lake Setback

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3. Lot, Use and Density Requirements. Setback, OHW—feet,minimum 75 Setback,bluff—feet, minimum 30 Section 17-11.7 contains provisions regarding the review of variance applications and directs the Planning Commission to make a decision on a variance request with consideration for the following factors: 1. The strict interpretation of the Ordinance would create undue hardship, and 2. The strict interpretation of the Ordinance would be impractical because of circumstances relating to lot size, shape, topographic, or other characteristics of the property not created by the land owner, and 3. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance,and 4. The variance will not create a land use not permitted in the zone, and 5. The variance will not alter the essential character of the locality, and 6. The variance is not for economic reasons alone, but reasonable use of the property does not exist under the Ordinance. Staff Findings: Staff provides the following findings of fact for consideration by the Board of Adjustment: 1. The existing structure encroaches into the bluff setback and the lake setback. The replacement dwelling and proposed addition would also encroach into the bluff and lake setback. It appears that the addition will encroach approximately two to �-- three feet further into the setback than the existing dwelling. 2. The existing dwelling is within the required 30 foot bluff setback, but outside of the 20 foot bluff impact zone. The proposed addition is also outside of the bluff impact zone. 3. Adhering to the Ordinance and not allowing an addition to the existing dwelling would not create an undue hardship. There is an existing structure that has been used on the property for residential purposes. 4. The strict interpretation of the Ordinance would not be impractical as it allows for repair or a conforming replacement of the structure. The Ordinance would also allow for a one time addition to the nonconforming structure so long as it met setbacks and other similar requirements. 2. A deviation, with conditions would not be in keeping with the spirit and intent of the Ordinance as the existing dwelling is non-conforming due to the encroachment on the bluff and lake setbacks. The proposed addition would also encroach in this setback. 3. The proposed residential use is permitted in the Shoreline Residential zone. 4. The variance will not alter the character of the neighborhood. Adjacent properties have homes that also encroach into these setbacks. 5. Reasonable use of the property currently exists as residential use is already established.The Ordinance provides for reasonable use of this property. Board of Adjustment Direction: The Board of Adjustment can approve, deny, or table this variance. Staff Recommendation: The applicant indicates in their application that "the intent Pequot Lakes Staff Report 4(a)-2 February 18,2009