07-28-2003 Council Packet - Laserfiche WebLink

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8.'The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The zoning codes which limit hardcover <£ stmclural coverage and require minimum setbacks apply equally to all nearby lakeshore properties. 9.“The conditions do not apply generally to other land or structures in the district in which said land is located." The code applies to all similarly situated lakeshore properties in the LR-IB zone. 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant does not have an inherent right to increase the degree of nonconformity of an existing nonconforming structure, but has a right to maintain it as is.. 11.“The granting of tlie proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting of the variances will potentially be contrary to the intent of the zoning code by increasing the nonconformity of an existing nonconforming structure and adding to visual density while reducing light air and open space in the neighborhood. It also has potential to have negative drainage impacts on neighboring properties absent a plan to deal with drainage within the property boundaries. 12. “The granting of such variance will not merely st ve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Planning Commission must determine whether sufficient hardship has been demonstrated to allow one or more of the variances to be granted. Issues for Consideratioa 1.The lot is extremely substandard and is smaller than all other lots in the immediate neighborhood (see plat map). Addition of second story at the existing side setbacks has a number of negative impacts and potential consequences. 3.Are the proposed reductions in structure and hardcover acceptable given the extremely limited lot size? As a guide, note that as a percentage of the 75-250’ zone, hardcover is proposed at 62%... this is far beyond the 40-50^o that is common for rebuilds on properties this size... 4. 5. The garage must be no less than 10' from the existing City sewer. Drainage is a severe problem on this site that needs to be addressed in deatil if the project moves forward. 6. Does Planning Commission have any other issues or concerns with this application? t'• •