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#2319 Lauer Homes, Inc., 1040 Tonkawa Road January 14,1998 Page 4 9. 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 zoning code. Hardcover variances are not normally granted for new construction where a substantial residence could be built without the need for a variance. Therefore granting the variance might be considered 25 contraiy' to the intent of the zoning code. 10. The granting of such variance will not merely sene as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Planning Commission must conclude whether there are adequate hardships demonstrated. Discussion Five of the si,\ properties to the immediate north of this proposal have undergone demolition/reconstniction projects over the last decade, resulting in a significant change to the character of the neighborhood via a transition from modest lakeshore homes and cabins to substantial upper bracket homes. To the south, where lots have significantly lesser depth, most homes were constructed or reconstructed prior to the early 1980's, of a size and magnitude which generally didn't put them in hardcover jeopardy. None of the five new homes to the north required a hardcover variance. Those property owners took advantage of various means and site factors to eliminate the need for variance, including limiting the footprint of the house and decks/patios, minimizing the area of driveway, locating the house and driveway partially in the 250-500’ zone, and in the case of the most northerly property, enjoying a large 75-250' area due to the shape of the lakeshore. In most cases, the new house was set back further from the lake than the pre-existing house or cabin, to avoid an average setback variance or minimize hardcover. Those new houses range from as near as 80' to the shoreline, to as far as 210' to the shoreline. Applicant proposes a structure that meets the average lakeshore setback defined by the homes to either side, but note that the residence to the south is only 65' from the lake. Issues for Discussion 1.Docs sufficient hardship exist for the granting of a hardcover variance, or is the proposal simply of a greater magnitude than is appropriate for this site? 4