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property or immediately adjoining property. <br /> • <br /> Response: The slope of the property combined with the pre-existing improvements is a unique <br /> condition to the subject property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> said land is located. <br /> Response: The subject property?s specific slope is beginning to erode and stairs have become <br /> unsafe, creating conditions which do not apply to adjacent properties <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. <br /> Response: Granting a lake setback variance to allow the retaining walls within the 75-foot lake <br /> setback is reasonable and necessary to preserve the property rights of the owner and supported by <br /> the vulnerable lake yard slope on the property. <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: Granting the lakeyard setback variance allowing the retaining walls within the 75-foot lake <br /> setback will not adversely impact health, safety, comfort or morals, or in any way <br /> be contrary to the ordinances. <br /> • 12. The granting of such variance will not merely serve as a convenience to the applicant <br /> but is necessary to alleviate demonstrable difficulty. <br /> Response: The applicant has demonstrated practical difficulties which support granting the lakeyard <br /> setback variance to permit the construction of the tiered retaining walls and in-kind replacement of <br /> the stairs within 75 feet of the OHWL. <br />