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10-25-2004 Council Packet
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10-25-2004 Council Packet
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8. “The special conditions applying to the sL'ucture or land m question are peculiar to such <br />property or immediately adjoining property.” <br />Tlte existing home was constructed within 75’ of the lakeshore prior to the adoption of <br />the 1975 hardcover ordinance that introduced the 75’ setback from the lake shore. The <br />existing conditions do not meet the requirements of natural lighting and ventilation. <br />9. “The conditions do not apply generally to other land or structures in the district in which said <br />land is located.” <br />Though many properties m the distnct have a high water mark setback, not all have a <br />high watermark setback and a delineated wetland setback. Not only does the property in <br />question have both setbacks, but the combination of these setbacks also reduces the <br />allowable area to build by more than half. The property in question has another <br />disadvantage due to the majority of tlie shared driveway witliin the 75’ to 250’ setback <br />located within its boundaries, decreasing the ability to add more hardcover. All of tliesc <br />restrictions do not even allow for the Owner to do the extreme of rclocatuig a similar <br />sized structure anywhere within the property. <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” <br />The intent of the Owner purchasing and renovating the said property is to enjoy the lake <br />and the lake view. The granting of tho application is necessary to allow the applicant to <br />be able to take advantage of the lake view. <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfon, <br />morals, or in any otlier respect be contrary to the intent of the Zoning Code.” <br />The granting of the application will not in any way impair health, safety, comfort, or <br />morals. Hedth will be improved by the increase of natural sunlight and ventilation. <br />Safety will be improved by increasing the view the Owner has of their laud allowing for a <br />more watchful eye for intruders and/or the ability to prevent accidents at the lakeshore <br />involving children or others that may need help. Comfort will also be improved by the <br />increase of natural sunlight, ventilation, and the peace of mind the larger view shall <br />create. <br />12. “Tlic granting of such variance will not merely serve as a convenieriCe to the applicant, but is <br />necessary to alleviate demonstrable hardship or difficulty.” <br />Due to the existing conditions, the granting of this variance is necessary to allow for the <br />applicant to be able to take advantage of the lake view, provide a healthier, safer, and <br />. more comfortable space to live in. <br />Hardship Statement <br />The applicant would like to stress that they are willmg to and are doing everything they <br />can to comply with the Zoning Ordinances. Per the Owners variance application (zoning <br />file #04-3006) the proposed hardcover of 12,843sf (29.7%) was approved by the Planning <br />Commission on June 14,2004. The Owner is willmg to decrease the hardcover by an <br />additional 399sf above and beyond what was approved. This will bring the hardcover <br />down to 12,444 (28.7%), for a net reduction of 4.6% from the existing. <br />2 of 2 <br />I: L <br />/ <br />fr. <br />• V . • •* <br />. t <br />•i <br />t ' / <br />•\r* <br />% <br />V
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