4A - Variance to Construct Basement under Existing Dwelling on Non-Conforming Lot (continuation)

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OMMUNITYGRoWTH city of I N S T I T U T E T'equot ,rI-rts in Srnuidl Town Planning Ces Applicable Regulations: The following regulations are applicable: Section 17-5.8 Applicable Shoreline Residential Lot Size&Dimension Requirements: 3. Lot, Use and Density Requirements. GD Rii2arian 0 nl Lot width at OHW and building line-feet,minimum 100 Buildable lot area-square feet,minimum 20,000 Setback side—feet minimum 10 Im ervious coverage— maximum 20% 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 i. The Ordinance would allow repair to the existing foundation, but not expansion. However, the expansion of a basement and walkout as proposed is inconsequential. The footprint is not expanded and the intensity of the overall structure is not increased. Deny this proposed use would create an undue hardship. 2. The strict interpretation of the Ordinance would be impractical because the expansion is inconsequential and incidental to the repair of the foundation. 3. A deviation, with conditions would be in keeping with the spirit and intent of the Ordinance as the foundation on the existing dwelling is in need of repair and the proposed basement is an inconsequential and incremental addition to the repair project. 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, but the repair and expansion project, as proposed, is a minor and reasonable approach. Pequot Lakes Staff Report 4(a)-2 October 15,2009