4A - Variance to Construct in Bluff & Lake Setback

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of the project is to replace the original cabin that is under-insulated and under- structured with a new space to create a year round retirement home." State Statutes give property owners a right to maintain non-conforming structures, including repair and replacement. Although the property owner could not expand the structure under these provisions, they are certainly allowed to repair the insulation and structural problems, including replacement of the current structure in the exact same footprint as it sits now. The proposed request falls outside of the scope of what is allowed in the Code. The expansion of the structure within the bluff and lake setback can't be supported within the parameters of a variance request. There is no hardship, and reasonable use already exists on the property. The lot has ample room for the entire structure to be replaced (and expanded) in a conforming location. There is also ample room for a one time addition that would not encroach into any setbacks. Staff cannot recommend that this variance request be approved. Should the Board of Adjustment decide to approve the request, we would recommend doing so with consideration of the following conditions: 1. The applicant shall ensure that erosion control practices are in place prior to any construction through the use of silt fencing or other erosion control measures. 2. A stormwater management plan shall be implemented after construction. The plan shall be prepared for staff to review and approve prior to implementation. Pequot Lakes Staff Report 4(a)-3 February 18,2009