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On the modification of the Non-conforming Dwelling: <br /> 10. The strict interpretation of the Ordinance would not create undue hardship for the <br /> modification of the existing dwelling. The property owners are allowed to replace <br /> the existing dwelling with a dwelling of the exact dimensions. Additionally, there <br /> is ample room on the property for construction of a conforming dwelling. <br /> 11. The strict interpretation of the Ordinance would not be impractical because of <br /> circumstances relating to lot size, shape, topographic, or other characteristics of <br /> the property not created by the land owner. The only impediment to constructing a <br /> conforming dwelling as a replacement to the non-conforming structure is the <br /> placement of the garage, which is a condition created by the property owner. <br /> 12. The deviation from the Ordinance would not be in keeping with the spirit and <br /> intent of the Ordinance. The ordinance allows for the ongoing maintenance of <br /> existing non-conforming structures, but requires new structures to conform to the <br /> code. <br /> 13. The variance will not create a land use not permitted in the zone. The variance is <br /> for a residential dwelling, which is an allowable use in the Shoreline Residential <br /> Zone. <br /> 14. The variance will not alter the essential character of the locality. <br /> 15. The variance is not for economic reasons alone, but reasonable use of the property <br /> does exist under the ordinance. <br /> On the Installation of the SSTS: <br /> 16. The strict interpretation of the Ordinance would create an undue hardship for the <br /> installation of a SSTS. There does not appear to be adequate space, without <br /> encroaching into the sideyard and lakes setbacks, for a private sewer system. <br /> 17. The strict interpretation of the Ordinance would be impractical because of <br /> circumstances relating to lot size, shape, topographic, or other characteristics of <br /> the property not created by the land owner. The subject property has topographic <br /> limitations that restrict the areas suitable for SSTS installation. <br /> 18. The deviation from the Ordinance with any attached conditions will still be in <br /> keeping with the spirit and intent of the Ordinance. <br /> 19. The variance will not create a land use not permitted in the zone. The variance is <br /> for placement of an SSTS, which is an allowable use in the Shoreline Residential <br /> Zone. <br /> 20. The variance will not alter the essential character of the locality. <br /> 21. The variance is not for economic reasons alone, but reasonable use of the property <br /> does not exist under the Ordinance. <br /> Subject to the following conditions: <br /> 1. All of the structures on the property shall be guttered and the stormwater shall be <br /> directed to rain gardens. <br /> 2. The proposed plan for removal of impervious surfaces shall be implemented in <br /> full so that the overall impervious surface coverage of the property be reduced to <br /> 24.7%. <br /> 3. When the project is completed applicant will provide documentation the height <br /> Minutes 4 <br /> Pequot Lakes Planning Commission <br /> November 18, 2010 <br />