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7. <br />8 <br />9. <br />10. <br />II. <br />12. <br />M3-2962 <br />November 17,2003 <br />Pagt6of7 <br />variance any use that is not permitted under this Chapter for property in the zone <br />where the affected person's land is located." <br />Mot applicable <br />“The Board or Council may permit as a variance the temporary use of a <br />one-tamily dwelling as a two-family dwelling." <br />Not applicable <br />“The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />There are no special conditions applying to the structure or larJ in question <br />which are peculiar to it or immediately adjoining property. Staff had indicated <br />that a hardcover variance may be warranted but not to the level which the <br />applicant has proposed. <br />“The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />Many of the lots along Shadywood Road and throughout the lakeshore are <br />substandard as they currently exist. The City has consistently required that at the <br />time of rebuild the property should be brought as close to conformance as <br />possible. <br />“The granting of the application is necessary for the preservation and enjovmeni <br />of a substantial property right of the applicant." <br />The lot can be reasonably developed as a single family home. The needs of the <br />applicant may be beyond what this lot can support. <br />“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 Zonine <br />Code." <br />The granting of this application will be contrary to the intent of the Zoning Code <br />and be contradictory to standards of which rebuild situations have consistently <br />been held to. <br />“The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty." <br />The granting of this variance will serve as a convenience to the applicant and is <br />not necessary to alleviate demonstrable hardships. <br />Issues for Consideration <br />1. Is a ilD[23 (l»i) square foot home reasonable for this lot when 15% is the limit? <br />2. What level ofhardcover variance might the Commission consider if any? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Staff recommends the following;