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3. <br />4. <br />5. <br />The Planning Commission reviewed this application at a public hearing <br />held on October 20, 2003 ar.d recommended approval of the average <br />lakcshore setback and lot area \ ariances based on the following findings: <br />u. The lot is situated on a point which causes the entire lot to sit in front <br />of the average lakeshore seirack. <br />b. The lot is a legal lot of reccrJ and was granted legal buildable status in <br />1983 as Record Lot No. 13. The lot is 2.9 acres in size located in a 5 <br />acre zoning district. <br />c. A structure has existed on the lot in the past. <br />d. A structure could not be constructed on the lot without an average <br />lakcshore setback and lot area variance. <br />e. A structure can be built on the lot meeting all other pertinent code <br />requirements. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by Citv staff, <br />comments by the applicants arc the public, and the effect of the proposed <br />variance on the healUt. safety ar.d w elfare of the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the varance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other d.mger to neighboring <br />property; would not merely sen e as a convenience to the applicants, but is <br />necessary to alleviate a demonsrable hardship or difficulty; is necessary to <br />preserve a substantial propertv right of the applicants; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />Page 2 ef 6 <br />1