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

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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. i9. The variance will not create a land use not permitted in the zone. The variance is for placement of an SSTS, which is an allowable use in the Shoreline Residential Zone. 20.The variance will not alter the essential character of the locality. 21. The variance is not for economic reasons alone, but reasonable use of the property does not exist under the Ordinance. Board of Adjustment Direction: The Board of Adjustment can approve, deny, or table this variance to gather additional information. Staff Recommendation: We recommend that the application be denied. Raising the house, adding living space and facilitating a complete reconstruction of the structure in its current location would intensify an existing non-conforming structure. If there is a hardship that exists on the property, it has been created by the property owner with the placement of the new garage. The lot itself is ample in size and there are multiple configurations that would provide the property owner with a reasonable use of the property outside of the lake setbacks. Under the current rules, the property owner has a right to maintain their property. This would allow them to construct a new foundation so long as it did not change the vertical or horizontal dimensions of the dwelling. Raising the property two feet higher within the �,.. shoreland setback is not consistent with the City's ordinances, the State Shoreland Pequot Lakes Staff Report 4(a)-5 October 21,2010