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9. The conditions do not apply generally to other land or structures in the district in which <br />said land is located. <br />Response: The existing as -built retaining walls and steep bluff are unique conditions affecting this <br />property and do not apply to land or structures in the district in which the land is located. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />Response: Granting a variance to allow the retaining wall expanded footprint within the 75 -foot lake <br />setback is reasonable and is a better solution long-term to provide stabilization to the bluff, and is also <br />necessary to preserve the rights of the owner. The variance is supported by the vulnerable slope on <br />the Property. <br />11. The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Response: Granting the lake yard setback variance allowing the as built retaining walls to remain as - <br />is within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any <br />way be contrary to the ordinances. <br />12. The granting of such variance will not merely serve as a convenience to the applicant <br />but is necessary to alleviate demonstrable difficulty. <br />Response: To grant the variance will not merely serve a convenience tool to the contractor and/or <br />landowner, but will continue to preserve the integrity of the bluff. By granting the variance for the as <br />built walls to remain in place is necessary for the protection of the land and the lake. <br />