Variance to Exceed Accessory Strucure Size Limit, Mlaskoch

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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. Strict interpretation of the Ordinance would not create an undue hardship, since the property already contains a 1,92o-square-foot accessory structure along with a 1,764- square-foot attached garage. The property owner already has storage space on the property along with a dwelling. 2. Strict interpretation of the Ordinance would not be impractical because there are not any characteristics of the property, such as lot size, shape, or topography, that have limited development and construction on this property. 3. The deviation from the Ordinance would not be in keeping with the spirit and intent of the Ordinance as the reason for limiting the amount cumulative accessory structure size on residential properties was to preserve the rural character of the area. 4. The variance, if granted, will not create a land use that is not permitted in the zone. Accessory structures are allowed and permitted in the Rural Residential zone. 5. The variance has the potential to alter the essential character of the locality, as the character is currently rural, and low-density residential. The ordinance is designed to limit the bulk and density of accessory structures in residential neighborhoods and granting this variance would create bulk and density beyond what is allowed in other parts of the neighborhood. 6. Reasonable use of the property currently exists under the Ordinance as the property currently contains both a dwelling unit with an attached garage and a 1,92o-square-foot accessory structure. Planning Commission Direction: The Planning Commission can develop findings to recommend approval of the variance application, it can develop findings to recommend denial of the variance, or it can table the subdivision request to gather additional information or provide the applicant time to modify the proposal. Staff Recommendation: Based on the findings of fact presented in this report, the Staff recommends that the variance request be denied. The applicant has not shown that there is a hardship, as defined by the Ordinance, that is unique to the property and not created by the landowner. Increases in cumulative accessory structure size are limited on smaller properties (under 2.5 acres)in order to preserve the overall character of the community. City of Pequot Lakes Staff Report 2-2 January 19,2006