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1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Preserving/protecting the hillside is in harmony with the intent of the ordinance. The <br /> proposed project will replace failing timber retaining walls and steps with fieldstone boulder <br /> retaining walls and granite steps. The new materials are natural and durable, a more viable <br /> solution to protect the hillside and also eliminate the safety issue the current,failing materials <br /> are posing to the property owners and the land. <br /> 2. The variance is consistent with the comprehensive plan The proposed retaining walls and steps <br /> will follow the existing footprint of retaining walls and steps and are designed to protect and <br /> preserve the hillside. This is consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner not permitted <br /> by the official controls The property owner proposes to install retaining wall and step <br /> improvements,which are reasonable in scope and residential in nature <br /> b. There are circumstances unique to the property not created by the landowner The <br /> failing materials on the hillside were installed prior to the property owner purchasing <br /> this property and is not a result of actions by this homeowner. <br /> c. The variance will not alter the essential character of the locality The permit to replace <br /> the existing retaining walls and steps within the 75-foot setback will help to maintain <br /> the structure of the existing slope. <br /> 4. Economic considerations alone do not constitute practical difficulties Economic considerations <br /> are not a factor in the request for this variance. <br /> • 5. NA <br /> 6. NA <br /> 7. NA <br /> 8. The special conditions applying to the structure or land in question are peculiar to such property <br /> or immediately adjoining property The condition we are seeking to address is unique to the <br /> property in question. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the land <br /> is located. Correct—the existing condition and proposed improvements are unique to the <br /> property in question. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant. Granting the variance will enable the property owner to <br /> address failing retaining walls and steps within the 75-foot setback and is reasonable and <br /> necessary to preserve the property rights of the owner and support the hillside. <br /> 11. The granting of the proposed variance will not in any way impar health,safety, comfort or <br /> morals, o in any other respect be contrary to the intent of this chapter Granting this variance <br /> will not adversely impact health,safety,comfort or morals. Instead it will preserve safety and <br /> is aligned with the intent of the ordinance. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty Allowing the variance to address the safety <br /> concern on this property will enable the property owner to continue accessing the lake and <br /> utilizing his hillside. <br /> • <br />