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4. The Variance will not create a land use not permitted in the Shoreline Residential <br /> �. District. An accessory structure is a permitted use in the Shoreland Residential <br /> zone. <br /> 5. The neighborhood is a mix of shoreline residential properties. Granting the <br /> variance would not alter the character of the neighborhood. <br /> 6. Reasonable use of the property exists under the Ordinance with the garage located <br /> outside of the side yard setback. <br /> The motion was seconded by Bill Habein. <br /> ROLL CALL VOTE: Mr. Habein,Aye; Ms. Brown, Aye; Mr. Derksen,Nay; Mr. <br /> Williams,Nay; Mr. Hallan,Aye; Mr. Pederson, Aye. Motion Carried. Aye 4-Nay 2. <br /> APPLICANT: City of Pequot Lakes <br /> Applicant requests an Ordinance Amendment on Non-Conformities <br /> Mr. Marohn explained the Staff Report. The City Attorney recommended these <br /> clarifications. <br /> A motion was made by Mark Hallan, seconded by Bill Habein, to recommend the <br /> following amendments: <br /> Section 17-4.4 NON-CONFORMING STRUCTURES AND USES <br /> 1. Any nonconformity, including the lawful use or occupation of land or <br /> premises existing at the time of the adoption of an official control under this <br /> chapter, may be continued, including through repair, replacement, restoration, <br /> maintenance, or improvement, but not including expansion,unless: <br /> A. the nonconformity or occupancy is discontinued for a period of <br /> more than one year; or <br /> B. any nonconforming use is destroyed by fire or other peril to the <br /> extent of greater than 50 percent of its market value, and no <br /> building permit has been applied for within 180 days of when the <br /> property is damaged.; <br /> C. 1, el el, itaril, ,7 l ea to the +en4 t eA 50-0,; <br /> ��-vrri�r�—i�Purc "ecxcr�°crop" .. �.. .,.... ...>...... ....»� .,. <br /> more ef the f etp fi t building abe the F «,7 +: the <br /> ee� u�ivai, vaa u <br /> el is e,7 all nen eenfeming s+....ett a en the par-eel <br /> must be inedified te eenfem to the Or-d,.an <br /> 2 in which case any Aiay subsequent use or occupancy of the land or <br /> premises shall be a conforming use or occupancy. <br /> Notwithstanding, the foregoing, any structure or use legally existing at the time of the <br /> Minutes 14 <br /> Pequot Lakes Planning Commission <br /> March 18, 2010 <br />