03-15-2004 Planning Packet - Laserfiche WebLink

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•04-2992 March IS. 2004 Pagt7of7 g. -The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Again, the property was developed pre-current Zoning Ordinance creating conditions peculiar to the property 9. “The conditions do not apply generally to other land or struemres in the district in which said land is located." It is of staff opinion that this criterion is met 10. “The granting of the application is necessary for the prcserN aiion and enjoyment of a substantial property right of the applicant." The granting of this application is necessary for the ouner to conduct any improvements short of general maintenance 11. “The granting of the proposed variance will not m any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." It is of staffs opinion that this criterion is met 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or dirficulty.* The granting of these variances is necessary for the applicant to conduct the improvements proposed Even if the applicant were merely proposing a new roof without the other elements proposed, the same variances would be required Issues for Consideration 1. Is the Planning Commission comfortable reviewing this as improvements rather than a rebuild? 2. Is the Planning Commission comfortable accepting a pitched roof where a flat roof currently exists, which increases the envelope of the strucnire. in areas where setbacks are non-conforming? 3. Arc there major issues going from a Vi story to a full story on a lot that’s at 42% hardcover? 4. Should hardcover reductions be required? Possibly the non-conforming shed by the attached garage? 5. Arc there any other issues or concerns with this application? Staff Recoramcndatioii Approve the plans as submitted which consist of approval of the following variances: 1. Side setback vanance to allow a west side setback of 5 6’ at the garage when 10’ is normally required and 5.6’ currently exists. 2. Average lakcshorc setback variance to allow an encroachment of 10’ into the average lakeshore setback when a 10’ encroachment cuncntly exists. 3. Hardcover variance to allow 42% hardcover in the 75 ’ - 250’ zone when 25% is normally allowed and 42% cunrntly exists.