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4. <br />5. <br />6. <br />7. <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 />The deck is 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 />The residence is on a lot of record that does not meet current zoning requirements. Due to <br />the limited lot size, meeting hardcover and lakeshore setback restrictions is difficult. The <br />property is also located at the end of a long shared driveway and its location on this <br />driveway is the reason for it being located closer to the lake than the adjacent residences. <br />The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />The immediately adjoining properties were also platted prior to current zoning requirements <br />but they were not built as close to the lakeshore. <br />The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The applicants would not be able to retain the deck replacement without the granting of <br />variances. <br />8. The granting of such variances will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The deck replacement is similar to the previous one and would not intensify non­ <br />conformance beyond what existed. <br />Issues <br />1.The property does not meet lot area or width requirements. The substandard lot size creates <br />a difficulty in meeting hardcover and lakeshore setback requirements. <br />2.Variances were granted in 1992 to allow the garage on the southwest portion of the lot. The <br />intent of the garage was to replace several accessory structures on the property that had a <br />greater combined footprint. <br />M2351 Laura Zauner <br />3262 North Shore Drive <br />Variances <br />March 16. 1998 <br />Page^ <br />1 <br />4