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*03-2909 <br />June 12,2003 <br />FagcO <br />8. <br />Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth sheltered construction as defined <br />Chapter.” <br />^•Thc Board of Appeali and Adjustments or the Council may not permit as a variance any use <br />A^o/ applicable. <br />‘The Bowd or Council may permit as a variance the temporary' use of a one-family dwelling <br />as a two-family dwelling. * <br />Sot Applicable <br />"The special condilions applying lo (he slruclurc or land in queslion arc pcculi- ij such <br />property or immediately adjoining property.” <br />AH lots in the LR-JB zone are subject to limitations on structure and hardcoverin the 0- 75 zone. <br />9. •The condilions do no! apply generally lo other land or struclurcs in the disirici in which said <br />land IS located. <br />The limits on structure and hardcover are applicable to all other lakeshore lots. <br />andenjoy.en.ofa <br />At issue is uhether removal of the structure from its foundation and temporary storage 50' <br />Enjoy ed nonro«/c»rwf>jg stucture status the boathouse prexiously <br />11. "The granting of the proposed variance will not in any way impair health, safely, comfort, <br />morals, or m any other respect be contrary to the intent of the Zoning Code " <br />Cmm.ngr*e«rieee.rHfHresu/r(nco«/„„o(,„„o/un„„con/om/nga,«em^^where any new such structures would normally be prohibited. <br />12. ;The granting ofsuch variance will not merely serve as a convenienee lo the applicant, but <br />IS necessary to alleviate demonstrable hardship or difficulty.” <br />Planning Commission must determine whether a hardship has been demonstrated... <br />Issues for CoDsIderaUon <br />1. Average setback is not a significant issue. <br />^ ofu?eTw'“^’*'“* *•><»■' one-half of one percent (0.5%)