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4A - Variance to Construct Basement under Existing Dwelling on Non-Conforming Lot (continuation)
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10-15-2009 Planning Commission Meeting
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4A - Variance to Construct Basement under Existing Dwelling on Non-Conforming Lot (continuation)
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OMMUNITY'GRO WTH city o <br /> 1 N S T 1 T U T E Pequot <br /> Experts in Srrmrdf Town Pfur»rh4,, Lakes— <br /> On the construction on a non-conforming lot: <br /> `.. 7. Strictly applying the minimum lot width and size requirements would prohibit <br /> any construction on the property and thereby creates an undue hardship. <br /> 8. The lot size, which was not created by the land owner, creates a situation where <br /> strict adherence to the Ordinance would be impractical. <br /> 9. A deviation to provide for construction on a non-conforming lot would be in <br /> keeping with the spirit and intent of the ordinance,which would be to provide for <br /> residential construction on the property. <br /> io. The proposed residential use is permitted in the Shoreline Residential zone. <br /> ii. The variance will not alter the character of the neighborhood. Adjacent <br /> properties have homes that have basements and non-conforming lots such as this <br /> property. <br /> 12. Without a variance for lot width and size, reasonable use of the property would <br /> not exist. <br /> Board of Adjustment Direction: The Board of Adjustment can approve, deny, or <br /> table this variance. <br /> Staff Recommendation: After meeting out on the site, the project seems <br /> inconsequential and a reasonable approach to fixing a troubled foundation.The modified <br /> proposal does not expand the footprint or the intensity of the structure. We recommend <br /> approval of the variance with consideration for the following conditions: <br /> 1. The structure shall remain in its current location and, through the course of <br /> repairing the foundation and adding a basement, shall be raised one to two <br /> courses of block over the existing grade. <br /> 2. The applicant shall be allowed to construct a walkout basement, but the <br /> excavation to accommodate the walkout shall not extend lakeward beyond the <br /> existing deck. Access to the excavated area beneath the deck shall be from the <br /> westward side of the deck. <br /> 3. Silt fence, or other necessary erosion control devices, shall be erected prior to <br /> excavation to control erosion and runoff. The applicant will notify staff when the <br /> erosion control devices have been installed. <br /> Pequot Lakes Staff Report 4(a)-3 <br /> October 15,2009 <br />
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