4d - After-the-fact Variance from Side Yeard Setback

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CommuNITYGRUWTH P t10 Of 1 N S T 1 T U T E �Q Experts in Small Town Planning property values. The encroachment into the setback creates safety concerns, `.• buffering issues, difficulties in maintenance, privacy concerns and potentially impairs adjacent property values. 4. The Variance will not create a land use not permitted in the Shoreline Residential District. An accessory structure is a permitted use in the Shoreland Residential zone. 5. The neighborhood is a mix of shoreline residential properties. Granting the variance would not alter the character of the neighborhood. 6. Reasonable use of the property exists under the Ordinance with the garage located outside of the side yard setback. The subject property is located at 5821 South Linden Road on Cullen Lake, a General Development Lake. The property is zoned Shoreline Residential and the PID is 291260000010009. The lot is nonconforming due to only having approximately 74 feet of width at the OHW (loo required) and it is only 18,899 square feet in area (20,000 required). The subject property currently contains a single family dwelling and the detached garage in question. The lot is currently at 27.4 percent impervious coverage. Applicable Regulations: The purpose and intent of the Shoreline Residential district is to provide a zoning classification for riparian residential development. The zone may or may not be served by sewer and water,depending on availability(Section 17-5.8) Section 17-5.8 Applicable Shoreline Residential Lot Size&Dimension Requirements: GD Riparian 0 n1X Setback,side—feet, minimum 10 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: We have no additional findings beyond those previously approved by the Board of Adjustment. Board of Adjustment Direction: The Board of Adjustment can approve, deny, or table this variance to gather additional information. Staff Recommendation: The site plan submitted with the land use permit in 2007 indicated the garage was to be built outside of the side yard setback. The permit was granted on that account. As Staff, we have no basis to make a recommendation that would contradict the prior decision. Pequot Lakes Staff Report 4(d)-2 March 18,2010