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

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FAI COMMUNITYGROWTH Pe QGge M S T I T U T E 1 _ Etperl in S+priodl Town Planning —� 4. The proposed structure would not encroach any further into the lake setback than the existing structure. The existing dwelling is 52.3 feet from the OHW, while 75 feet is required. Two non-conforming decks, both within the OHW setback will remain in the same locations. 5. The proposed SSTS would encroach approximately 4 feet into the sideyard setback of the southern property line. 6. The maximum amount of impervious coverage allowed is 20%. Currently the property contains 32.8% impervious coverage. With the proposed expansion of the dwelling and the removal of 2 concrete patio areas, the impervious surface coverage would be reduced to 32%. 7. The existing height of the building is i9 ft, with the additional two courses and increase in roof pitch,the height of the proposed dwelling will be 21 ft. 8. The property owner has the right to replace the structure with a structure of the exact dimensions,footprint, roof pitch, etc. 9. The replacement of the structure requires a variance since the property owner wishes to remove the existing non-conforming dwelling and replace it with one of different horizontal dimensions, different roof pitch, different overall height and the addition of living space with a full basement. On the Replacement of the Non-conforming Dwelling: io. The strict interpretation of the Ordinance would not create undue hardship for the replacement of the existing dwelling. The property owners are allowed to replace the existing dwelling with a dwelling of the exact dimensions. Additionally, there is ample room on the property for construction of a conforming dwelling. ii. The strict interpretation of the Ordinance would not be impractical because of circumstances relating to lot size, shape, topographic, or other characteristics of the property not created by the land owner. The only impediment to constructing a conforming dwelling as a replacement to the non-conforming structure is the placement of the garage,which is a condition created by the property owner. 12. The deviation from the Ordinance would not be in keeping with the spirit and intent of the Ordinance. The ordinance allows for the ongoing maintenance of existing non-conforming structures, but requires new structures to conform to the code. 13. The variance will not create a land use not permitted in the zone. The variance is for a residential dwelling, which is an allowable use in the Shoreline Residential Zone. 14. The variance will not alter the essential character of the locality. 15. The variance is not for economic reasons alone, but reasonable use of the property does exist under the ordinance. On the Installation of the SSTS: 16. The strict interpretation of the Ordinance would create an undue hardship for the installation of a SSTS. There does not appear to be adequate space, without encroaching into the sideyard and lakes setbacks,for a private sewer system. 17. 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. The subject property has topographic limitations that restrict the areas suitable for SSTS installation. 18. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance. Pequot Lakes Staff Report 3(a)-4 September 16,2010