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10-16-2014 Planning Commission Minutes
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10-16-2014 Planning Commission Minutes
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3. The subject accessory structure was legally permitted to be constructed at 13 feet <br /> in height. Once it was constructed,it was determined the height of the structure is <br /> 14' — 7 1/2". <br /> 4. The applicant has not established that there are practical difficulties in complying <br /> with the official control. The subject accessory structure was constructed at a <br /> height not allowed by the permit issued by the City. <br /> 5. The "plight"of the landowner was created by the landowner. <br /> 6. The deviation from the ordinance will not be in harmony with the general purposes <br /> and intent of the ordinance and comprehensive plan. <br /> 7. The variance will not create a land use not permitted in the"Shoreline Residential" <br /> zone.Accessory structures are"permitted"in that zone. <br /> 8. Granting of the variance will aesthetically alter the essential character of the <br /> locality. <br /> g. The variance request does appear to be for economic reasons. Reasonable use of <br /> the property does exist under the current code. <br /> Mr. Burslie made a correction to Number 3 above. If the recommendation were for <br /> approval,the Findings of Fact would need to be changed and he had included the <br /> following as a Condition for approval: <br /> 1. Eight evergreen trees with a minimum planted height of 13 feet shall be planted on <br /> the subject property to screen the accessory structure. The location and species of <br /> trees shall be determined by the property owner and city staff. Said trees shall be <br /> planted no later than May 21, 2015. <br /> Mr. Burslie had contacted area landscapers and found that evergreen trees can be <br /> planted anytime during the year; there is no window when they need to be planted. The <br /> reason for the condition is the only impact,besides habitation, is aesthetic reasons. The <br /> Planning Commission will need to discuss. <br /> Chair Seils pointed out the 3 letters received: William Katter, Jeff Pearson and Carole <br /> Pearson. Zoning Administrator Bittner stated she had received a telephone call from <br /> Karen Boller. All 4 comments were supporting approval of the After-the-Fact Variance. <br /> Mr. Byrne was in attendance, along with his landscaper, Brian Erickson, and friend Peg <br /> Zachman. <br /> Mr. Byrne stated when he started the project in September, 2012 the upstairs was not to <br /> be habitable. There are no stairs; the only access is by a ladder. The door and deck were <br /> for aesthetics only. The door is a full view window to hand up materials. The deck has <br /> no support to handle weight or rail. There is no water, no bathroom, no plumbing. He <br /> stated he basically wanted to aesthetically match the roof lines of the existing lakehome. <br /> His intentions were never to exceed the 13' mark; he thought he was right at 13'. <br /> MINUTES 2 <br /> Pequot Lakes Planning Commission <br /> October 16,2014 <br />
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