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

Home Browse Search

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: At the October meeting, members of the Planning Commission suggested that they would be open to a maintenance project that would allow for the fixing of the foundation, including construction that would provide for a full basement, if the impervious coverage were reduced to less than 25% and stormwater management was done to stop direct runoff into the lake. Staff met on site with the applicant and the plan that is submitted is as was discussed at the property. The lakeside deck is removed and replaced with a walkway, the pavers in the shore impact zone are removed, the driveway is reduced significantly and rain gardens are strategically placed so as to effectively handle most runoff events. If the Planning Commission is inclined to approve the variance request, we would recommend consideration of the following TWO conditions of approval (recommended conditions from last month still shown for reference): i. To Faitigate the enereaehment inte the lake v , the deek en `y ue i . west oiva, the i e ho�sn Hari a removed. it be ., ,..1.,,.e it the step ,7.,..,.,, f e the siraccdre. Kivu biv'v'v ua Pequot Lakes Staff Report 4(a)-5 Novmeber 18,2010