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

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COMMUNITYGROWTH (CiE I N S T I T U T E PeL Expert! in Small lr�r��n Plj mtine es Board of Adjustment Direction: The Board of Adjustment can approve, deny, or table this variance. Staff Recommendation: The applicant indicates in their application that the work is being undertaken because there are"existing foundation problems"including"numerous large cracks in the existing foundation." State Statutes give property owners a right to maintain non-conforming structures, including repair and replacement. Although the property owner could not expand the structure under these provisions, they are certainly allowed to repair foundation problems, including replacement of the current foundation with a new foundation of the same character. While we understand that there is a certain logic to taking the opportunity of addressing foundation problems to make improvements to the overall property, doing so falls outside of the scope of what is allowed in the Code. The expansion of the structure at a point less than three feet from the adjoining property, and the permanency those improvements would engender, can't be supported within the parameters of a variance request. Neither can the intensification of the non-conforming structure into the lake setback with retaining walls. There is no hardship, and reasonable use already exists on the property. The lot is challenging in that it is undersized,but reasonable use, in the form of excessive impervious coverage, has already been provided. While the lot is narrow, it is quite deep. Further encroachment into the setback is not justified by the configuration of the property. Staff recommends that the variance be denied. We will work with the applicant to secure �. a permit for repair and/or replacement of the existing foundation. Pequot Lakes Staff Report 3(b)-3 August 20,2009