4A - Variance to Replace Non-Conforming Structure with Larger Dwelling within Lake Setback

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OMMUNITYGROWTH Chyof I N S T I T U T E �„��!es �"x,vris inSrrzcatf Town 111 arming �� OHW while the other would be installed directly to the east. The drainfield for the `... proposed system would encroach approximately 4 feet into the sideyeard setback and approximately 3 feet into the road right-of-way setback. The overall impervious surface coverage of the lot is currently 32.8% while only 20% is allowed by the Code. With the proposed structure, the impervious surface coverage of the property would be reduced to 32% by removing the concrete areas to the south and lake-side of the existing dwelling. 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 Only Setback, right-of-way,local streets—feet, 10 minimum Setback, OHW—feet, minimum 75 Setback,side—feet, minimum 10 Impervious coverage— maximum 20% Building height-feet, maximum 25 ISTS setback from OHW—feet, minimum 75 Section 17.4.4 Non-Conforming Structures and Uses 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: A. the nonconformity or occupancy is discontinued for a period of more than one year; or B. any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged, in which case any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. Notwithstanding, the foregoing, any structure or use legally existing at the time of the adoption of an official control under this Chapter and which does not conform to the provisions of the Ordinance may be continued subject to the following: 2. No such structure or use shall be expanded, enlarged or intensified except in conformity with the provisions of this Chapter with consideration for variances thereto and consideration given for previously approved Planned Unit Developments. Pequot Lakes Staff Report 3(a)-2 September 16,2010