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

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COMMUNITYGROWTH chy of Uot I N S T I T U T E 'eL LYjCWr1J it:Saudi Town Pff;rirring `- 3. A one-time addition to a non-conforming principle structure shall be permitted subject to the following: A. The non-conformity is due solely to setbacks. B. The addition is not within the shore impact zone. C. The addition will not encroach further into any setback. D. The size of the addition shall not exceed fifty percent of the size of the structure it is being added to. E. The total footprint of the structure, once the addition is completed, shall not exceed 2,500 square feet, including decks, porches, patios and other projections. F. For reasons of structural integrity, a basement may be allowed under the addition only where a basement exists in the original structure. G. Additional screening is provided to screen the addition as viewed from adjacent properties,public roads and the surface water. H. A stormwater management plan is implemented that directs stormwater away from adjacent properties and surface waters. I. The height of the addition shall not exceed the height of the existing structure. J. Beyond minor alterations needed to accommodate the addition, no structural modifications shall be made to the original structure. K. No permits shall be granted under this provision for homes constructed after July 1, 1995 or where a previous variance has been approved. L. All other provisions of this Chapter must be complied with. 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. 1. The subject property is located at 30367 Pequot Boulevard and is zoned Shoreline Residential. 2. The subject property is on Sibley Lake which is a General Development Lake. �_.. 3. The proposed SSTS would be approximately 7 feet from the road right-of-way, while normally 10 feet is required. Pequot Lakes Staff Report 3(a)-3 September 16,2010