3A - Variance from the Right-of-Way Setback for a Local Street

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Staff Findings: Staff provides the following Findings of Fact for consideration ._ by the Planning Commission: 1. The subject property is located along Pequot Blvd. between West Grove Street and West Sibley Street and is in the "Recreation" zone. 2. The property is known as Sibley Lake Park. 3. The applicant proposes to place the new 40' X 40' playground equipment in an area where the least amount of trees will be removed. 4. The proposed playground structure will encroach approximately 30 to 35 feet into the setback from Pequot Blvd. 5. The applicant has established that there are practical difficulties in complying with the Code as the playground structure cannot be located within the bluff setback thus necessitating placement within the 50400t setback from Pequot Blvd. 6. The deviation from the Code will still be in harmony with the general purposes and intent of the City Code and Comprehensive Plan. 7. The Variance will not create a land use not permitted in the Recreation zone. 8. The subject property is surrounded by Urban Residential, Shoreline Residential and Recreation development. The Variance will not alter the essential character of the locality of the subject property. 9. The Variance does not appear to be for economic reasons alone and reasonable use of the property seems to exist under the Code. Planning Commission Direction: The Planning Commission can approve the Variance, deny the application, or table the request if additional information is needed. If the motion is for approval or denial, Findings of Fact should be cited. Staff Recommendation: We recommend that the application be approved without conditions. Pequot Lakes Staff Report 3(a)-3 April 21,2016