3B - Variance to Construct Basement under Existing Dwelling on Non-Conforming Lot

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COMMUNITYGROWTH `q of I N S T I T U T E Peguot Experts in Small Town Planning Lakes 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: Staff provides the following findings of fact for consideration by the Board of Adjustment: For a Variance to Enlarge a Non-Conforming Structure 1. Adhering to the Ordinance and not allowing an addition to the existing dwelling would not create an undue hardship. There is an existing structure that has been used on the property for residential purposes. 2. The strict interpretation of the Ordinance would be impractical because the lot is non-conforming due to size and width.This was not created by the landowner. 3. A deviation, with conditions would not be in keeping with the spirit and intent of -� the Ordinance as the existing dwelling is non-conforming due to the encroachment on the side yard setback. The basement would also encroach in this setback. 4. The proposed residential use is permitted in the Shoreline Residential zone. 5. The variance will not alter the character of the neighborhood. Adjacent properties have homes that have basements and small,non-conforming lots. 6. Reasonable use of the property currently exists as residential use is already established. The Ordinance provides for reasonable use of this property. On the construction on a non-conforming lot: 7. Strictly applying the minimum lot width and size requirements would prohibit any construction on the property and thereby creates an undue hardship. 8. The lot size, which was not created by the land owner, creates a situation where strict adherence to the Ordinance would be impractical. 9. A deviation to provide for construction on a non-conforming lot would be in keeping with the spirit and intent of the ordinance,which would be to provide for residential construction on the property. io. The proposed residential use is permitted in the Shoreline Residential zone. ii. The variance will not alter the character of the neighborhood. Adjacent properties have homes that have basements and non-conforming lots such as this property. 12. Without a variance for lot width and size, reasonable use of the property would not exist. Pequot Lakes Staff Report 3(b)-2 August 20,2009