3C - Variance to Allow Garage to Remain Within Side Yard Setback

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COMMUNIrYGRoWTH citygf, i I N S T I T U T E Pequot EvIvris in SMradt Town Pl anyti g Lakes— Section 17-5.8 Applicable Shoreline Residential Lot Size&Dimension Requirements: GD Riparian Only Setback, side—feet,minimum 10 Section 17-11.7 contains provisions regarding the review of variance applications and directs the Planning Commission to make a decision on a variance request with consideration for the following factors: 1. The strict interpretation of the Ordinance would create undue hardship, and 2. The strict interpretation of the Ordinance would be impractical because of circumstances relating to lot size, shape, topographic, or other characteristics of the property not created by the land owner, and 3. The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance, and 4. The variance will not create a land use not permitted in the zone, and 5. The variance will not alter the essential character of the locality,and 6. The variance is not for economic reasons alone, but reasonable use of the property does not exist under the Ordinance. Staff Findings: Staff provides the following findings of fact for consideration by the Board of Adjustment: 1. The structure, as it has been constructed, encroaches within the side yard setback. 2. The strict interpretation of the Ordinance would not create an undue hardship or be impractical as there is ample room on the property to construct the accessory structure in a conforming location. 3. The deviation from the Ordinance would not be in keeping with the spirit and intent of the Ordinance. The side yard setbacks contained within the Ordinance are intended for such things as fire safety, buffering, maintenance, privacy and property values. The encroachment into the setback creates safety concerns, buffering issues, difficulties in maintenance, privacy concerns and potentially impairs adjacent property values. 4. The Variance will not create a land use not permitted in the Shoreline Residential District. An accessory structure is a permitted use in the Shoreland Residential zone. 5. The neighborhood is a mix of shoreline residential properties. Granting the variance would not alter the character of the neighborhood. 6. Reasonable use of the property exists under the Ordinance with the garage located outside of the side yard setback. Board of Adjustment Direction: The Board of Adjustment can approve, deny, or table this variance to gather additional information. Staff Recommendation: The site plan submitted with the land use permit in 2007 indicated the garage was to be built outside of the side yard setback. The permit was granted on that account. The fact that there was an existing non-conforming structure on the property is not relevant to the application since the applicant was not seeking to replace that structure. Replacement would have been allowed at the time, but under different provisions of the ordinance that would have limited the expansion and other modifications of the structure. The current structure would not have been permitted under the"replacement"provisions. Pequot Lakes Staff Report 3(c)-2 August 21,2oo8