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

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Regulations or the recent Supreme Court decision regarding variances. The recent Minnesota Supreme Court decision provides clarity for cities addressing variance requests. The Court has directed that a variance can be granted only if, absent an approval, reasonable use of a property will not exist. If this variance is denied, the property owner still has substantial use of the property and would have many alternatives to maintain the current dwelling they are seeking to rebuild. Based on the recent guidance of the Supreme Court, it is our opinion that the City cannot approve this variance as requested. If the Planning Commission is inclined to approve a variance, we would recommend consideration of the following conditions of approval: i. To mitigate the encroachment into the lake setback, the deck on tho-w east ide of the house shall be removed. It may be replaced with the step AGwn from the structure. 2. The bituminous driveway east of the garage shall be removed. A Grasspave (or equivalent) system that allows for stormwater infiltration and vegetation growth shall be allowed west of the existing garage.The Grasspave (or equivalent) system shall provide for one driving lane, two parking stalls and one turn-around to the west of the existing garage. 3. A stormwater retention pond shall be constructed on the west side of the driveway to collect runoff from the driveway. 4. All of the structures on the property shall be guttered and the stormwater shall be directed to rain gardens. 5. Existing gravel areas on th 'west ide of the property and within the public right- of-way that are used by th operty owner, shall be removed, replaced with N44'' topsoil and vegetated. 6. A stormwater retention area shall be created on the north side of the garage to capture runoff from the driveway and the retaining walls that flow to the north. 7. Impervious coverage east of the house shall be removed,with the exception of the retaining wall within the Shore Impact Zone. 8. The SSTS shall be installed completely within the building envelope. No setback for side yard encroachment is provided. To mitigate the encroachment of the principle structure, the property owner shall prepare a screening plan to plant additional vegetation between the structure and the lake. The vegetation will be designed to screen the structure so as to significantly reduce its visibility from the lake and to reduce the amount of direct stormwater running into the lake. Pequot Lakes Staff Report 4(a)-6 October 21,2010