3A - Variance to Expand Nonconforming Structure, Schulz

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OMMUNITY ROWTH 'of 1 M S T ! T U T E equot F-Weris in SM-all Tottw Planning STAFF REPORT Application: Variance to Expand Existing Non-conforming Structure on a Non- conforming lot Applicant: Dale Schulz Agenda Item:3(a) Background Information: The applicant is requesting a Variance to increase the size of a nonconforming structure by 50%. The property has an existing structure that will be 1,o85 square feet after the portion in the right-of-way is removed. It is 13 feet from the OHW. Part of the current structure crosses the lot-line and has been constructed on public right-of-way. The applicant is proposing to remove the portion of the existing cabin that is in the right-of-way and then add on to the remaining structure by 50%. The proposed size of the cabin, following the demolition and including the new addition, is proposed to be 1,605 square feet. A new driveway will be constructed, since the existing driveway goes through the City Street right of way. The new driveway will be solely located on lot 12. The applicant has also indicated that they will remove an existing smaller cabin that is away from the lake by June 1, 2009. In addition, the lot that the dwelling is located on is non-conforming. The minimum lot width for a conforming lot is loo feet. This property has only 89.42 feet of shoreline. The property is zoned Shoreline Residential. The structure does not qualify for a one- time addition as a variance was previously granted for an addition to the dwelling (this approval was made by Crow Wing County). That addition is the portion that encroaches within the right-of-way and will be removed. Applicable Regulations: The purpose and intent of the Shoreline Residential district is to provide a zoning classification for riparian residential development. The zone may or may not be served by sewer and water,depending on availability(Section 17-5.8) Section 17-11.7 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. Section 17-5.8 Applicable Shoreline Residential Lot Size&Dimension Requirements: Pequot Lakes Staff Report 3(a)-1 November 20th,20o8