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the Variances that had been granted for the property earlier by Crow Wing County. Mr. <br /> �- Boschee was present to appeal the Zoning Administrator's decision to not issue the <br /> permit. <br /> Mr. Burslie explained the appeal process in the ordinance; the applicant can appeal the <br /> Zoning Administrator's decision to the Planning Commission and the Planning <br /> Commission's decision to the City Council. <br /> Council Member Akerson questioned when the provision to not allow additions to <br /> nonconforming structures with prior Variances had been added to our ordinance. Mr. <br /> Burslie stated he was not sure, but it is fairly standard land use language. <br /> Mr. Snyder stated he understands the wording in the ordinance, but as a Planning <br /> Commission,how do we change it. It was the consensus to not amend the ordinance. <br /> There are no setback issues,just the fact that there had been previous Variances granted. <br /> Mr. Boschee had provided Staff with the required report from a certified Building <br /> Inspector, Scott Sadusky. His report stated although the property is not up to current <br /> Minnesota Building Code for frost depths, he believes it is a fine candidate for expansion <br /> to the main house. <br /> Mr. Boschee asked if the age of the previous Variances would make a difference. They <br /> were issued in 1980, 1986, and 1992. <br /> Ms. Brown stated the Variances were for a deck and drainfield from Crow Wing County. <br /> She asked if there were any concerns with the current foundation not meeting Code? Mr. <br /> Boschee stated there were no concerns; Mr. Levenske agreed, stating the existing <br /> foundation is sound. <br /> Ms. Brown further stated that he would need to go through the Variance process. Mr. <br /> Levenske further stated the Planning Commission can't trump the ordinance; Mr. <br /> Boschee would need another Variance to follow proper protocol. <br /> Council Member Ryan stated when the ordinance was approved no one would have <br /> contemplated that every Variance would have counted, not just the Pequot Lakes <br /> Variances. Someone could have had a Variance in 1965 and laws could have changed 14 <br /> times;that would not have been in the spirit of what the City was doing. He further <br /> stated that he wouldn't have any problem issuing an over-the-counter permit for <br /> Variances this old. Anyone that has applied to Pequot Lakes and received a Variance <br /> from Pequot Lakes, such a Variance would count. <br /> Mr. Burshe explained that Staff is trained to read the letter of the law. If the Planning <br /> Commission's interpretation is only Variances that were granted by Pequot Lakes, that is <br /> not Staff s interpretation. <br /> Minutes 2 <br /> Pequot Lakes Planning Commission <br /> October 18, 2012 <br />