Laserfiche WebLink
conforming structure proposed to be re-developed is 932.0?. The MWCD?s Stormwater <br /> Management Rule mandates that the lowest opening in the re-developed structure is at 933.5?, <br /> which is two feet above the 100-year high water elevation of 931.5?. The Zoning Code and <br /> MWCD?s Stormwater Management Rule do not permit the proposed structure to be re-built in- <br /> kind at the existing finish floor elevation. With the re-developed structure?s low opening elevation <br /> at 933.5?, the roof height needed to expand upwards to allow for code minimum ceiling heights. <br /> With the expanded roof height, the re-developed structure?s envelope fits within the existing non- <br /> conforming structure?s envelope from where that structure meets grade if set at the new finish <br /> opening elevation of 933.5?. <br /> 9. The conditions do not apply generally to other land or structures in the district in <br /> which said land is located. <br /> Response: The applicant has no knowledge of other land or structures in the district in which the <br /> conditions may apply. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of <br /> a substantial property right of the applicant. <br /> Response: The applicant has the right to re-develop the existing non-conforming structure with <br /> a permitted use and is following the development criteria set forth by the Zoning Code and <br /> MWCD. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, <br /> comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br /> Response: The proposed re-development within the lake setback does not impair health, safety, <br /> comfort, morals, or in any other respect is contrary to the intent of the Zoning Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the <br /> applicant, but is necessary to alleviate demonstrable difficulty. <br /> Response: The granting of the variance will not serve as a convenience to the applicant and is <br /> necessary for the re-development to meet the criteria set forth by the Zoning Code and MWCD. <br />