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M4-2992 <br />Mirch IS. 2904 <br />Page 7 of7 <br />8 “The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />Again, the property was developed pre-current Zoning Ordinance creating <br />conditions peculiar to the property. <br />9.“The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />Jt is of staff opinion that this criterion is met. <br />"The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant." <br />The granting of this application is necessary for the owner to conduct any <br />improvements short of general maintenance. <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 <br />Code." <br />It is of staffs opinion that this criterion is met. <br />12.“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 these variances is necessary for the applicant to conduct the <br />improvements proposed. Even if the applicant were merely proposing a new roof, <br />without the other elements proposed, the same variances would be required. <br />Issues for Consideration <br />1. Is the Planning Commission comfortable reviewing this as improvements rather than <br />a rebuild? <br />2. Is the Planning Commission comfortable accepting a pitched roof where a flat roof <br />currently exists, which increases the envelope of the structure, in areas where <br />setbacks are non-conforming? <br />3. Are there major issues going from a Vi story to a full story on a lot that ’s at 42% <br />hardcover? <br />4. Should hardcover reductions be required? Possibly the non-conforming shed by the <br />attached garage? <br />5. Are there any othei issues or concerns with this application? <br />Staff Recommendation <br />Approve the plans as submitted which consist of approval of the following variances: <br />1. Side setback variance to allow a west side setback of 5.6 ’ at the garage when 10 ’ <br />is normally required and 5.6 ’ currently exists. <br />2. Average lakeshore setback variance to allow an encroachment of 10 ’ into the <br />average lakeshore setback when a 10 ’ encroachment currently exists. <br />3. Hardcover variance to allow 42% hardcover in the IZ' - 250 ’ zone when 25% is <br />normally allowed and 42% currently exists.