02-17-1998 Planning Packet - Laserfiche WebLink

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r 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot was platted prior to current zoning requirements. The house and deck were also constructed before the current zoning requirements. This results in a lot that exceeds the allowable hardcover limits. 3. The variance, if granted, may alter the essential character of the locality. The variances for structural coverage, hardcover in the O' to 75' lakeshore setback, lakeshore setback and average lakeshore setback may change the character of the area. 4. 5. 6. 7. 8. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. A deck is allowed in this zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. While the existing residence is closer to the lake than several residences in the neighborhood, many other lots in the neighborhood also have hardcover excesses. The conditions do not apply generally to other land or structures in the district in which said land is located. Many lots in the area are already fully developed. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Allowing the applicant to construct a deck that would require several variances without demonstrating hardship would not be consistent with the spirit and intent of the zoning code. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The existing use of the deck is limited in its current state. H2335 Lawrence Motsather/Linda Sallee 3285 Carman Road Variances 2/17/98 Page 4