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2. <br />6. <br />7. <br />8. <br />9. <br />The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The need for a variance is created by the location of the steep slope and the roadway <br />3. The variance, if granted, will not alter the essential character of the locality. <br />The hardcover variance will allow the construction of a retaining wall that is aesthetically <br />compatible with the adjacent property's walls. However, the purpose of the shoreland <br />ordinance is to encourage natural vegetation and ground cover instead of retaining walls <br />along the shoreland and in the lakeshore setback. <br />The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property. <br />The properties in this area have lakeshore yards that are separated by County Rd. 15. <br />Stairways are needed to access the lakeshore. The question of a retaining wall vs. a <br />natural steep slope with vegetation needs to be discussed. <br />The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />The standards apply to all other lots in this zoning district that have lakeshore yards <br />with steep slopes that are separated by roads. <br />The granting of the application is nccessar>’ for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The applicant shall provide the Planning Commission with testimony to the <br />necessity of having a retaining wall to protect his property rights. <br />The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The variance would be a convenience to the applicant if approved as proposed. No hardship <br />exists due to the lot configuration or setback requirements. <br />ISSUES <br />The survey does not precisely indicate where the wall will be located, its overall height, or total <br />amount of hardcover. The encroachment, if any, into the 0'-75' setback also is not clear. Grading <br />ff 2357 Kent and Susan WhitM crth <br />J 425 Bay Ridge Road <br />4/20/98 <br />page —4