3B - Variance for a Structure Exceeding the Height Limit

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• Buildable lot area—square feet,minimum....................................................20,000 • Setback, right-of-way,City road—feet,minimum.................................................30 • Setback,right-of-way,County road—feet,minimum ...........................................30 • Setback,side yard—feet,minimum.......................................................................30 • Setback,parking from lot line—feet, minimum....................................................10 • Impervious surface—percent, maximum ...........................................................50% • Building height—feet,maximum...........................................................................25 Section 5.13, Subdivision 4B indicates that the use shall be compatible with the surrounding neighborhood and that uses shall not present noise,odor,light,or any other nuisances. Section 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: The Staff provides the following findings of fact for consideration by the Planning Commission: 1. The proposed use meets the required setbacks, with the proposed structure being at more than 30 feet from all property lines. 2. The proposed use meets the required impervious coverage limit of 50%,with a proposed 30%of the lot area as impervious surface. 3. The proposed manufacturing building meets the building height limit of 25 feet, being approximately 24.625 feet in height as measured by the Ordinance standards. The dust collector,however, measures 40 feet in height. 4. Strict interpretation of the Ordinance would create an undue hardship on this business, as the business would not be able to operate in the City without the required dust collector to meet OSHA standards. Dust collectors are purchased from third party manufacturers and the dust collection unit that the applicants require is manufactured at a maximum height of 40 feet. There is a 12.5 foot difference from the peak of the proposed manufacturing building to the highest point of the dust collector. 5. While there are not any characteristics of the land itself that prevent this property from being developed with most other industrial uses, strict interpretation of the Ordinance, in this case, would be impractical because of the pre-manufactured height of a required unit for a wood-working industrial operation. 6. The deviation from the Ordinance would be in keeping with the spirit and intent of the Ordinance,which is to limit the general height of structures for aesthetic and fire safety purposes. This property, located in the Business Park, is surrounded by similarly designed principle and accessory structures. City of Pequot Lakes Staff Report 2-2 August 16,2007