4A - Variance to Modify Non-Conforming Dwelling by Increasing Heaight and Encroach SSTS within OHW

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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. 4. The existing dwelling is 52.3 feet from the OHW, while 75 feet is required. The footprint of the existing structure will remain the same. 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 removal of impervious surfaces,the final coverage of the parcel would be 24.7%. 7. The existing height of the building is 19 ft, with the additional two courses and increase in roof pitch,the height of the 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. g. The improvement of the structure requires a variance since the property owner wishes to increase the overall height of the structure. 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. Pequot Lakes Staff Report 4(a)-4 Novmeber 18,2010