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CQ MUNITY RoWTH cry of <br /> I N S T I T tJ T E <br /> Pe not <br /> EvI its W S)tuedl Tc,uw Manning &s- <br /> 2. All non-conforming structures and uses shall be brought into conformity <br /> during the subdivision process, except as specifically waived by motion of the <br /> Planning Commission. <br /> 3. Each lot shall be adjacent to public sewer or shall have a minimum <br /> contiguous lawn area that is free of limiting factors sufficient for the <br /> construction of two standard soil treatment sewage systems. <br /> 4. Provisions for water based recreation where near shore aquatic conditions are <br /> unsuitable for direct access. <br /> 5. Lot areas and dimensions shall conform to the requirements of the Zoning <br /> Chapter,without variance. <br /> 6. Lot layouts shall be compatible with the existing layout of adjoining <br /> properties and/or shall not constrain the future development of adjacent <br /> properties if those properties were to be developed as per the Pequot Lakes <br /> Land Use and Subdivision Ordinance. <br /> 7. Side lot lines shall be substantially at right angles to straight road lines or <br /> radial to curved road lines, radial to lake or stream shores, and shall not <br /> contain bends or jogs unless topographic conditions necessitate a different <br /> arrangement. Existing structures shall not be construed to be a topographic <br /> condition. <br /> 8. Each lot shall have a minimum of 33 feet of frontage on a designated right of <br /> way. Commonly owned property or Green Space used for access in a Planned <br /> Unit Development shall have a minimum of 33 feet of frontage on a public <br /> right of way. <br /> Staff Findings: Staff provides the following findings of fact for consideration: <br /> i. The property is properly zoned Shoreline Residential. The property is currently <br /> used for residential purposes. <br /> 2. Both Tracts A and B would be ioo.oi feet in width at the OHW and 96 feet in <br /> width at the building line. <br /> 3. Both Tracts A and B have more than 20,000 square feet of buildable area. <br /> Neither Tract A nor Tract B would be constrained from future development. <br /> 4. Tract A would not contain any structures, only part of a driveway. Tract B would <br /> contain two cabins and a shed. One cabin currently encroaches on the south-west <br /> property line side yard setback and the other cabin would not meet the side yard <br /> setback for the new lot line between Tracts A and B. <br /> 5. All the structures meet the 30 foot right-of-way setback for County Road 107, and <br /> the 75 foot OHW setback. <br /> 6. The cabin structures on Tract B do not meet the ten foot side yard setback. One is <br /> a pre-existing non-conformity the other non-conformity is being created from the <br /> lot split. <br /> 7. The survey does not indicate the impervious surface coverage but both lots seem <br /> as though they would be under 20 percent. <br /> 8. The survey does not indicate sizes nor height of existing structures. <br /> 9. Tract B would contain two dwellings and contains over 40,000 square feet of <br /> buildable area. The second dwelling would be a new non-conformity since the <br /> property does not contain the allowed amount of shoreline width to provide for a <br /> second dwelling <br /> io. The survey does not indicate whether or not there is septic on the lots. <br /> ii. The property is suitable in its natural state for the intended purpose and this lot <br /> split would not be harmful to the health, safety, or welfare of future residents or <br /> of the community. <br /> Pequot Lakes Staff Report 6(a)-3 <br /> May 21,2009 <br />