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*04-2992 <br />March IS. 2004 <br />Paga 7 of 7 <br />B. "The spcdal conditions applying to the structure or land in question are peculiar <br />to such pioirerty or immediately adjoining property." <br />Again, the prope-ty uflj 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 />uhich said land is located' <br />It is of staff opinion that this criterion is met <br />10. "The granting of the application is necessary for the prcscr\ aiion and cnjo>Tncnt <br />of a substantial property right of the applicant." <br />The granting of this application is necessary for the o^ner to conduct any <br />improvements short of general maintenance <br />\ 1. The granting of the proposed variance wll not m 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 ser\e as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty.” <br />The panting 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 />bsues for Considcralioa <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 arc non-conforming? <br />3. Arc there major issues going from a 'A 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 other 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 vanance 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 lakeshorc 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 75 ’ - 250’ zone when 25% is <br />normally allowed and 42% currently exi