4 - Variance to Exceed Accessory Structure Size, Ritter

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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: i. 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 130 square-foot accessory structure along with a 445-square- foot unattached garage. The property owner already has storage space on the property along with existing residential uses. 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 for residential purposes. 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 shoreline residential properties was to preserve the riparian character of the area. 4. The variance, if granted, will not create a land use that is not permitted in the zone. Accessory storage structures are allowed and permitted in the Shoreline Residential zone. 5. The variance has the potential to alter the essential character of the locality. The ordinance is designed to limit the bulk and density of accessory structures in riparian 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 unattached garage and an 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,unique to the property and not created by the landowner. Permission to construct this proposed accessory structure can be granted only if the total accessory structure size covers 1,280 or fewer square feet (i.e. existing accessory structures are removed). L City of Pequot Lakes Staff Report 6-2 July 20,2006