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6A - Discussion, Nonconforming Lots
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10-16-2008 Planning Commission Meeting
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6A - Discussion, Nonconforming Lots
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OMMUNITY' ROWTH �'of <br /> I N S T I T U T E P";Y.t' <br /> F-yerls inSmall Town Planning Lakes-- <br /> A. The non-conformity is due solely to setbacks. <br /> B. The addition is not within the shore impact zone. <br /> C. The addition will not encroach further into any setback. <br /> D. The size of the addition shall not exceed fifty percent of the <br /> size of the structure it is being added to. <br /> E. The total footprint of the structure, once the addition is <br /> completed, shall not exceed 2,500 square feet, including <br /> decks,porches,patios and other projections. <br /> F. For reasons of structural integrity, a basement may be <br /> allowed under the addition only where a basement exists <br /> in the original structure. <br /> G. Additional screening is provided to screen the addition as <br /> viewed from adjacent properties, public roads and the <br /> surface water. <br /> H. A stormwater management plan is implemented that <br /> directs stormwater away from adjacent properties and <br /> surface waters. <br /> L The height of the addition shall not exceed the height of the <br /> existing structure. <br /> J. Beyond minor alterations needed to accommodate the <br /> addition, no structural modifications shall be made to the <br /> original structure. <br /> K. No permits shall be granted under this provision for <br /> homes constructed after July 1, 1995 or where a previous <br /> variance has been approved. <br /> L. All other provisions of this Chapter must be complied <br /> with. <br /> The only question here is a very narrow one. That is, Criteria A states that the <br /> non-conformity must be due solely to setbacks. We are not certain that this <br /> applies to the structure or to the entire property. If it is the former, then I <br /> believe we were correct in issuing your permit and we will document that <br /> addition as your one-time allowance. If the criterion implies an evaluation of <br /> the entire property, then you would not quay for a one-time addition since <br /> your parcel is also non-conforming. <br /> Planning Commission Direction: We are requesting that the Planning Commission <br /> provide specific guidance on two matters: <br /> i. Do the non-conforming lot provisions of Section 17-4.3 apply to the <br /> establishment of a principle structure or do they apply to all construction, even <br /> after the establishment of a principle structure. <br /> 2. Do the provisions of Section 17-4.4, Supart 4A (one-time addition provisions), <br /> which indicate that the"non-conformity is due solely to setbacks", meant to refer <br /> to the structure or to the entire property,including the conformity of the lot. <br /> Based on your feedback,we will prepare a written interpretation/policy for you to <br /> review. <br /> Pequot Lakes Staff Report 6(a)-2 <br /> October 16,2oo8 <br />
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