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Criteria for Determining Undue Hardship <br />1. <br />2. <br />4. <br />5. <br />6. <br />7. <br />The property in question cannot be put to a reasonable use if used under conditions allowed <br />by the official controls. <br />Without the requested variances, the deck, pool and shed \\ ould have to be removed or <br />relocated. <br />The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />The situation was caused by the sice of the lot and the location of the structures on the lot. <br />The landowner proceeded to repair the damaged property before obtaining variances. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />The variance for hardcover, average lakeshore setback, side yard setback, and structural <br />coverage will not change the character of the area, as the deck, pool and shed have been <br />replaced. <br />Economic considerations alone shall not constitute an undue hardship if reasonable use for <br />the property exists under the terms of this chapter. <br />Economic factors may be a consideration with this application. The code requires structures <br />that are 75% or more damaged to meet Code requirements is replaced. <br />The special conditions applying to the structure of land in question are peculiar to such <br />property or immediately adjoining properly. <br />This lot is narrow and overbuilt for hardcover and structures coverage. The s^vimming pool <br />and deck were rebuilt to encroach on the side yard The storm damage destroyed more than <br />75%) of the pool and deck. <br />The conditions do not apply generally to other land or structures in the district in which said <br />land is located. <br />The zoning lots in this area do not meet lot area or lot width requirements. The storm did <br />significant damage to the property. <br />The granting of the application is necessar>' for the preser\'ation and enjoyment of a <br />substantial property right of the applicant. <br />Without the variance, the pool, deck and shed would have to be removed or relocated. <br />U2366 Peter Lanpher <br />1359 Park Drive <br />Date ofP.C. May 18. 1998 <br />page—4