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03-18-2010 Planning Commission Minutes
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03-18-2010 Planning Commission Minutes
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`.. The concrete pad and all runoff from the apron run to the neighbor's property. They need <br /> to remove the concrete and maintain stormwater. <br /> There are two issues: the encroachment in the side yard setback and the impervious <br /> coverage exceeding 20%. They are not requesting a variance for impervious coverage. <br /> They would need a Conditional Use Permit to allow the impervious coverage at 25%. <br /> Vehicles or trailers cannot be stored within the side yard setback. The suggested <br /> screening was to hide the trailer. <br /> A motion was made by Mark Hallan, seconded by Bill Habein,to approve the variance <br /> request for the encroachment into the setback with the provision that within the 2010 <br /> construction season the impervious surface be reduced below 24%and that as part of that <br /> reduction,the driveway and concrete slab be removed a minimum of 4 feet off the <br /> property line to provide a drainage swale and the remaining for removal shall come out of <br /> the shore impact zone with a stormwater management plan for review by the Planning <br /> Commission. <br /> Mr. Fitzpatrick asked if the Planning Commission was willing to waive the application <br /> fee for the stormwater plan. Mr. Marohn explained that there will be costs for <br /> publication and mailing of the notices, etc. and that the Planning Commission cannot <br /> waive fees, only the City Council can. <br /> Discussion followed as to what should be removed. <br /> Mr. Hallan amended his motion to state that the remaining impervious coverage for <br /> removal shall be removed within the 75-foot setback from the Ordinary High Water <br /> mark. <br /> Mr. Hallan restated his motion to allow the variance with the provision that the <br /> impervious surface be reduced to 24% of property area with some of that coming off the <br /> concrete pad with a four foot pervious area creating a swale and the remainder 24% <br /> comes out of impervious surfaces within the 75 foot setback from the Ordinary High <br /> Water mark,based on the following Findings of Fact: <br /> 1. The structure, as it has been constructed, encroaches within the side yard setback. <br /> 2. The strict interpretation of the Ordinance would not create an undue hardship or <br /> be impractical as there is ample room on the property to construct the accessory <br /> structure in a conforming location. <br /> 3. The deviation from the Ordinance would not be in keeping with the spirit and <br /> intent of the Ordinance. The side yard setbacks contained within the Ordinance <br /> are intended for such things as fire safety, buffering, maintenance, privacy and <br /> property values. The encroachment into the setback creates safety concerns, <br /> buffering issues, difficulties in maintenance, privacy concerns and potentially <br /> �. impairs adjacent property values. <br /> Minutes 13 <br /> Pequot Lakes Planning Commission <br /> March 18, 2010 <br />
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