01-19-2012 Planning Commission Minutes

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APPLICANT: Tom Saatzer Applicant requests a Variance to Create an Undersized Parcel Applicant was not present but was represented by Ted Pederson, Realtor,representing both Mr. Saatzer and Ron Schaefer. Mr. Marohn explained the Staff Report. Chairman Pederson stated he would like to discuss both the Variance and Metes and Bounds Subdivision simultaneously. Mr. Marohn explained that the property owners would like this issue resolved. The solution would be to subtract from the Saatzer parcel and add to the Schaefer parcel. A lot line adjustment would make the Saatzer parcel nonconforming. It would lessen the nonconformity of the Schaefer parcel. There can't be a second dwelling built on either the Saatzer or Schaefer parcels; neither parcel can be subdivided further. This lot line adjustment has no impact on that. Public Comment: Mr. Pederson stated an honest mistake was made by Mr. Schaefer, who is a civic minded person. He made a mistake,is embarrassed and would like to correct this. Public Comment Closed. Mr. Levenske asked if the Variance is passed, it creates a nonconforming lot. Mr. Marohn stated that both parcels would be nonconforming. The Variance allows for the creation of the nonconforming lot. Ted Pederson stated that Mr. Schaefer plans to remove both the carport and the shed. Council Member Akerson asked if Mr. Saatzer would still be able to build a house. Mr. Marohn explained that Mr. Saatzer can remove the travel trailer and build a house without a Variance of any type. A motion was made by Tom Adams, seconded by Cheri Seils,to approve the Variance, based on the following Findings of Fact: 1. The applicant has requested a variance to create an undersized parcel in the Rural Residential Zone. 2. The subject property is 5.01 acres in size and is located at 6368 North Sluetter Road. 3. The subject property currently meets all the minimum lot and use requirements of the code. After the subdivision, it will not meet the lot size requirement. 4. The subject property is being used in a reasonable manner. The subject property contains a conforming dwelling,water well house, and sewer system. 5. The plight of the land owner is due to circumstances not created by the land owner. The encroaching accessory structure was constructed over the property line by the property owner to the south. 6. The deviation from the ordinance will create a non-conforming property. The subject property will be 4.67 acres while 5 acres are required. The creation of an undersized property is not in harmony with the general purposed and intent of the Ordinance and the Comprehensive Plan. MINUTES 4 Pequot Lakes Planning Commission January 19, 2012