03-16-2003 Planning Packet - Laserfiche WebLink

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M3.29M June 12,2003 PafcS ^ 8. "The special conditions implying to the structure or land in question are peculiar to such property or immediately adjoining property." The UmitattoHS on hardcover and the general City policy to avoid retaining nails applies to all other lakeshore lots in the City. 9. *The conditions do not apply generally to other land or structures in the district in which said land is located." The conditions that limit hardcover and retaining nails apply to all lakeshore properties. The characteristics of this site are not unusual and do not support granting of the variances for the nails on the lake side ofthe road, but may support approval of a nail on the house side of the road. 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 construct retaining nails where they are not ne^ed to support steep slopes. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the ^ning Code.” The granting ofa variance to allow nails on the lake side of the road would be contrary to the intent of the zoning code and the Comprehensive Plan. 12. “The granting of such variance will not merely serv e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." A xariance to allow the retaining walls on the lake side of the road would serve only as a convenience to the applicant and are not supported by hardship. On the house side of the road, a low retaining nail may be needed to retain the slope but should not be allowed to create new hardsurfaced parking area. Issues for Consideration 1. Is there any reasonable hardship that justifies the extent of w'alls proposed on the lake side of the road? 2. Appl icant should address whether he has considered i f the slope on the house side of the road can be dealt with by re-grading rather than construction of a wall. 3. If the wall on the house side of the road is approved, should it be screened? The proposed height is unknown, hence a design for such wall might be useful if it is approved... 4. Applicant’s plans are minimal at best, and any recommendation for approval of ports of this request should be subject to submittal of detailed plans... 5. Does Planning Commission have any other issues or concerns with this application?