9A - Minutes 031810 - Laserfiche WebLink

Home Browse Search

The concrete pad and all runoff from the apron run to the neighbor's property. They need to remove the concrete and maintain stormwater. There are two issues: the encroachment in the side yard setback and the impervious coverage exceeding 20%. They are not requesting a variance for impervious coverage. They would need a Conditional Use Permit to allow the impervious coverage at 25%. Vehicles or trailers cannot be stored within the side yard setback. The suggested screening was to hide the trailer. A motion was made by Mark Hallan, seconded by Bill Habeirt,to approve the variance request for the encroachment into the setback with the prgVision`that within the 2010 construction season the impervious surface be reduce , belaw 24°�o aril that as part of that reduction,the driveway and concrete slab be remo iriimum of4eet offthe property line to provide a drainage Swale and the#&wining for removal shall come out of the shore impact zone with a stormwater mari k 4ent planar review by the Planning Commission. ' f hx�f 4{{ �h* Mr. Fitzpatrick asked if the Planning mmission was g to waive the application fee for the stormwater plan. Mr. Mar laned that th `ll be costs for publication and mailing of the notices, r. the Plann `'ommission cannot waive fees, only the City Council can. �t � Discussion followed as to what should be re:oved. Mr. Hallan amended hj motion`to state that th wining impervious coverage for removal shall be removed. the 7 -foot set ack from the Ordinary High Water mark. Mr. restated hi on to allow the variance with the provision that the irnpry urface be re ��` d to 2 %of property area with some of that coming off the concrete p +th a four f 11pervious area creating a swale and the remainder 24% comes out of rvious s aces within the 75 foot setback from the Ordinary High Water mark,b the ` Mowing Findings of Fact: 1. The structure it has been constructed, encroaches within the side yard setback. 2. The strict interpretation of the Ordinance would not create an undue hardship or be impractical as there is ample room on the property to construct the accessory structure in a conforming location. 3. The deviation from the Ordinance would not be in keeping with the spirit and intent of the Ordinance. The side yard setbacks contained within the Ordinance are intended for such things as fire safety, buffering, maintenance, privacy and property values. The encroachment into the setback creates safety concerns, buffering issues, difficulties in maintenance, privacy concerns and potentially impairs adjacent property values. Minutes 13 Pequot Lakes Planning Commission March 18, 2010