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The platted Elmwood Avenue separating Lot 6 from the building site makes the lot <br />technically a through lot and therefore requires a conditional use permit.. This situation <br />further requires variances for locating an accessory structure in front of the principal <br />structure. The subject property is not considered a lakeshore lot, therefore a variance is <br />needed for the rear yard to meet the 35' street setback. <br />3. The variances, if granted, will not alter the essential character of the locality. <br />The variances for locating an accessory structure in front of the principal structure, rear <br />setback abutting a street, bluff setback and a conditional use permit for locating an <br />accessory structure on a through lot will not change the character of the area. <br />4. <br />5. <br />The Board of Appeals and Adjustments or the Council may not permit as a variance <br />for any use that is not permitted under this Chapter for the property in the zone where <br />the affected person's land is located. <br />Accessory structures are allowed in this zoning district provided they do not exceed 1,000 <br />s.f. Decks are permitted in this zoning district. <br />The special conditions applying to the structure of land in question are peculiar <br />to such property or immediately adjoining property. <br />Several residences in the area are located below the bluff on lots directly abutting the <br />lake. These lots are not considered through lots. <br />6.The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />7. <br />The lot is unique because it functions as a lakeshore lot. However, due to the location of <br />the platted Elmwood Avenue which separates the lakefront lot from the building site it is <br />considered a through lot. Additional variances and a conditional use permit are necessary <br />because of its through lot classification. <br />The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The variance and conditional use permit for the garage are required due because platted <br />Elmwood Avenue bisects the lot. The previously existing first and second level decks <br />cannot be replaced without the granting of the rear and bluff setback variances. <br />U23I1 Claus Weiler/Renee Sfeerkins <br />J 135 Sank Arm Drive <br />yiarlancis and Conditional Use Permit <br />2/17/98 <br />Page 4