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On the modification of the Non-conforming Dwelling.- 10. The strict interpretation of the Ordinance would not create undue hardship for the modification 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. 11. 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 notpermitted in the zone. The variance is for a residential dwelling, which is anlif6wable use in the Shoreline Residential Zone. .4" 14. The variance will not alter the essential chara tr f the locality. 15. The variance is not for economic reasons alone,-'IM"" ,reasonable use of the property does exist under the ordinance. On the Installation of the SSTS: 16. The strict interpre ti of the Ordinance would create an undue hardship for the installation of %SS* � There does not appear to be adequate space, without encroaching AeU)the side and and lakes setbacks, for a private sewer system. 17. The strict iretati o�of the Ordinance would be impractical because of circumstances r a` g i l't-i e, sh4 e, topographic, or other characteristics of ,� the property not create by the 5wner. The subject property has topographic limitations that restric &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. 19. 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. Subject to the following conditions: 1. All of the structures on the property shall be guttered and the stormwater shall be directed to rain gardens. 2. The proposed plan for removal of impervious surfaces shall be implemented in full so that the overall impervious surface coverage of the property be reduced to 24.7%. \.. 3. When the project is completed applicant will provide documentation the height Minutes 4 Pequot Lakes Planning Commission November 18, 2010