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4. <br />new deck should be discussed by the Planning Commission. Generally, staff <br />does not recommend new construction over or near bluffs. This lot, however, <br />already has the new garage in place and a previous deck did exist near the top of <br />the bluff. The issue to discuss is the allowed size of the deck given that the <br />proposal complies with hardcover and structural coverage requirements. <br />The special conditions applying to the structure of land in question are peculiar <br />to such property or immediately adjoining property. <br />5. <br />6. <br />The adjacent residences may also be constructed on or near the bluff. The adjacent <br />homes were built after the subject residence so average lakeshore setback variances were not <br />required. The adjacent homes were built prior to the bluff setback variances, so they <br />may or may not be located with the required 30 ’ bluff setback. <br />The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />7. <br />8. <br />12. <br />This application is unusual because the garage addition has already been constructed. <br />The deck has also been removed and staff has had to estimate the location of the <br />previous deck based on historical files. The grading for the new garage is done and does <br />not appear to have had a negative impact on the deck. <br />The granting of the application is necessary for the preservation and enjoyment <br />of a sub-^^antial property right of the applicant. <br />The variances are needed to retain the garage and rebuild a deck. A deck cannot <br />be rebuilt without both variances. <br />The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />The design of the garage and deck are designed to building code standards. The Zoning <br />Code, however, discourages building within 30' of the top of a bluff. <br />The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alieviate demonstrable hardship or difficulty. <br />The house wa- : jilt before the adjacent residences which now create an average lakeshore <br />setback issu t. ' (. *use was also built before the shoreland management bluff setback <br />U 2359 Hestia Homes, Inc. for Mall and Karen Parks <br />825 Forest Arms Lane <br />April 20, 1998 <br />page —4