04-20-1998 Planning Packet - Laserfiche WebLink

Home Browse Search

Criteria for Determining Undue Hardship The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used as a residence. However, the deck is not in good condition and the applicant wishes to replace it. The plight of the landowner is due to circumstances unique to his property not created by the land owner. The existing residence is located almost entirely in the area betw een the required 30' bluff setback and the top of the bluff. The zoning lot area does not have a suitable building pad for any further additions 3.The variance, if granted, will not alter the essential character of the locality. The variance for bluff setback will not change the character of the area. 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. Deck replacement is consistent with the zoning district. 5.The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Adjacent properties are also located along the bluff. The subject lot is more restricted by the bluff and the existing road. 6.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Replacement of the deck will preserve an existing property right. Adding a screened porch will enhance their property rights. 7.The granting of such variance will not merely serve as a convenience to the applicants. But is necessary to alleviate demonstrable hardship or difficulty. No improvements can be made to the property without a bluff setback variance. Issues 1. 2. This lot meets the setback requirements for street yard, side yard and lakeshore setback. The topographical map and survey indicate that the existing residence is located over the area defined by ordinance as the top of the bluff. 3. 4. The applicant is proposing to replace an existing deck in poor condition Minimal description of the slope and bluff would occur to replace the deck and to construct a screened porch. #2325 Lake Country Builders, John <& Cindy Olson 950 North Arm Drive Date of PC, February 17,1 998 page—3 i