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Zoning File #1626 <br />March 8, 1991 <br />Page 3 of 3 <br />Applicants advise that the property owners at 2685 North <br />Shore Drive would not sign the property owners' acknowledgement <br />form, and apparently are opposed to construction of a replacement <br />residence on applicants' property. Staff would note that by <br />meeting the 30' side setback, and by meeting the average <br />lakeshore setback, Traff's new residence will meet all of the <br />performance standards that would affect 2685 North Shore Drive, <br />if applicants' property was in fact a 2 acre lot. <br />The Lacy's at 2655 North Shore Drive reviewed an early plan <br />that proposed a 15' side setback and were not opposed to such a <br />variance, as long as the average setback is observed and that <br />trees be planted. Applicants note that they have planted <br />hundreds of trees on their property across the road and could <br />easily transplant for screening purposes as necessary. <br />The applicants' existing residence is connected to municipal <br />sewer and the new home would be connected to sewer. Although <br />this is a two acre zone, septic sites are not an issue. <br />Because a house currently exists on applicants' property, <br />denial of the request would perpetuate an extremely substandard <br />side setback. Approval of the requested side setback variance <br />to construct a new house would yield a conforming hardcover <br />situation and a more conforming side setback situation. Given <br />the value of lakeshore property, it is probably not realistic to <br />think that if no variances are granted, the existing situation <br />will eventually go away. The only way that might happen is if an <br />adjacent property owner purchases the property and removes the <br />house. On other hand, if this were a vacant lot the City <br />would be hardpre^sed to deny a lot width and area variance if all <br />other performance standards could be met, given the fact that <br />sewer is available and the history of the lot's creation. <br />Staff RecoBDBendation - <br />If the Planning Commission finds that adequate hardships are <br />pesent to justify the granting of the requested variances, a <br />recommendation for approval would be appropriate. Such <br />recommendation should include specific findings of fact <br />supporting approval.