Laserfiche WebLink
r' w <br />#03-2906 <br />June 12,2003 <br />Pages <br />8.“The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” <br />27ie limitations on hardcover and the general City policy to avoid retaining walls applies <br />to all other lakeshore lots in the City. <br />9.“The conditions do not apply generally to other land or structures in the district in which said <br />land is located.” <br />The conditions that limit hardcover and retaining walls apply to all lakeshore properties. <br />The characteristics of this site are not unusual and do not support granting of the variances <br />for the walls on the lake side of the road, but may support approval of a wall on the house <br />side of the road. <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 applicant does not have an inherent right to construct retaining walls where they are <br />not needed to support steep slopes. <br />11.“The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code.” <br />The granting ofa variance to allow walls on the lake side of the road would be contrary to <br />the intent of the zoning code and the Comprehensive Plan. <br />“The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty.” <br />A variance to allow the retaining walls on the lake side of the road would serve only as a <br />convenience to the applicant and are not supported by hardship. On the house side of the <br />road, a low retaining wall may be needed to retain the slope but should not be allowed to <br />create new hardsutfaced parking area. <br />Issues for Consideration <br />1.Is there any reasonable hardship that justifies the extent of walls proposed on the lake side <br />of the road? <br />2.Applicant should address whether he has considered if the slope on the house side of the road <br />can be dealt with by rc-grading rather than construction of a wall. <br />3.If the wall on the house side of the road is approved, should it be screened? The proposed <br />height is unknown, hence a design for such wall might be useful if it is approved... <br />4.Applicant’s plans are minimal at best, and any recommendation for approval of parts of <br />this request should be subject to submittal of detailed plans... <br />5. Does Planning Commission have any other issues or concerns with this application? <br />i