6A - Discussion, Nonconforming Lots

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i COMMUNITYGRoWTH of N S T i T U T E P "Yott Experts in Sa►ttall Town Planning ��o�•-...-- ` STAFF REPORT Application: Discussion,Non Conforming Lots Agenda Item: 6(a) Background Information: We had received a complaint regarding the Elaine May property on Lower Cullen and an addition to the principle structure. After investigation, we have concluded that the addition was in the setback,which was not clear from the site plan. In reviewing the request and the requirements of the Ordinance for this particular application, and also in consideration of some of our recent application requests, we felt it was important to receive some clarification on when and how to apply the provisions regarding non-conforming lots. Applicable Regulations: Section 17-4.3 deals with non-conforming lots and states the following: 1. A lot, pre-existing for which a Deed, recorded Contract for Deed or other legal conveyance or plat has been executed prior the effective date of the Ordinance shall be deemed a buildable lot without requiring a variance provided it has at least 80% of required lot area and lot width at the ordinary high water mark and building line, all the setbacks can be maintained, and sanitary provisions for well and sewage disposal can be maintained. We have generally held that this means all construction on a property would require a variance due to the lot being non-conforming. It has been raised to staff that this should perhaps be interpreted to apply only to the establishment of a principle structure and that, subsequent to that act, so long as all additional construction was compliant with the Code,no further variances would be required. For example, we recently considered a variance for an addition to a non-conforming cabin. If that addition had met all setbacks or had encroached no further into a setback and would qualify as a one-time addition,would a variance still be necessary because it is on a non-conforming lot. The discussion of the Commission seemed to be unclear on this issue. A second and related issue has to do with the one-time addition provision. We quote from a recent letter sent to Elaine May on this issue: The City of Pequot Lakes allows a one-time addition to an existing non- conforming structure. Although we did not consider this at the time we issued your permit(we believed your structure to be conforming), it would appear that you meet the criteria for a one-time addition, with the possible exception of the lot itself being non-conforming. The criteria are as follows,from Section 17-4.4, Subpart 4: 4. A one-time addition to a non-conforming principle structure shall be permitted subject to the following: Pequot Lakes Staff Report 6(a)-1 October 16,2oo8