3D - Variance to Expand Existing Nonconforming Structure

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OMMUNIT"YGROWTH City of I N S T I T U T E PI of _ `.. Lot width at OHW and building line-feet, 100 minimum 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: For a Variance for Construction on a Non-Conforming Lot 1. The lot width at the OHW and building line is 75 feet and does not conform to loo foot minimum. 2. The strict interpretation of the Ordinance would create undue hardship and would be impractical. There are�options for the owner to make the lot conforming. The lot was in existence prior to the adoption of the current regulations. 3. The deviation from the Ordinance with attached conditions would still be in keeping with the spirit and intent of the Ordinance, which is to provide for residential construction on the property. 4. The variance will not create a land use not permitted in the Shoreline Residential District. The property is currently used for residential purposes and will continue to be used for the same purpose. 5. A variance to construct on a non-conforming lot will not alter the essential character of the locality as surrounding properties are used for residential purposes and there is already an existing residence on this property. 6. Reasonable use of the property would not exists under the Ordinance if the lot dimension standards were strictly adhered to. For a Variance to Enlarge a Non-Conforming Structure 7. The current dwelling and deck encroach within the 10-foot side yard setback. 8. A strict interpretation of the Ordinance would be misapplied as the proposed deck would conform to the setbacks,thus decreasing the level of non-conformity. 9. The deviation from the Ordinance, with attached conditions, would still be in keeping with the spirit and intent of the Ordinance as the proposed deck will not be encroaching within any setbacks. 10. The Variance will not create a land use not permitted in the Shoreline Residential District. A deck is a permitted land use in the Shoreline Residential District. 11. The Variance will not alter the essential character of the locality as it replaces a deck of similar size but does so in a location outside of the setback. Pequot Lakes Staff Report 3(d)-2 August 21,20o8