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3. <br />4. <br />The Planning Commission reviewed this application on September 20, 1999, and <br />recommended approval on a vote of 6 to 0. <br />The Planning Commission made the following findings of fact: <br />A. Fill is required to level the property around the existing residence, provide <br />a flat surface for pedestrian use of the property around the house, and to <br />relocate the driveway, <br />B. A steep hill is located around the residence to the lake. <br />C. Retaining walls and fill are proposed to be entirely outside of the 75' <br />lakeshore protection area. <br />D. Overall hardcover within the 75' lakeshore setback and the 75-250' <br />lakeshore setback will be reduced. <br />E.The retaining walls and grading are required to allow access to a stairway <br />for the deck located on the so h side of the residence. If hardcover is <br />reduced an unsafe access would result to the deck. <br />5. <br />6. <br />The Council finds that the conditions existing on this property are peculiar to it and <br />do not apply generally to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properties, would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicants; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments by <br />the applicants and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />Page 2 of 6