Laserfiche WebLink
8.The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contraiy' to the intent of the Zoning Code. <br />The granting of variances fur the pool and deck in contrary to the zoning code. <br />9.The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty. <br />Although the storm damaged the shed, deck and pool, the code requires that new structures <br />comply with minimum requirements. The shed would need to be eliminated because of <br />hardcover or relocated because of the setback. The pool could have been reduced to under <br />1,000 sq. ft. and located at least 10’from each lot line. Granting the variances would be a <br />convenience to the landowner. <br />Issues <br />1.The lot does not meet lot area or lot width requirements. The deck and pool do not meet a <br />30' side yard setback. The house encroaches into i required side yard. The shed encroaches <br />into a required side yard. The garage encroaches into a 15' required side yard. The lot <br />exceeds the allowed hardcover in the 75'-250' setback. <br />2.The deck, pool and shed were replaced due to storm damage prior to obtaining any variances. <br />The deck and pool were more tlian 75% destroyed. Because the pool, deck and shed were <br />replaced without variances, the City was deprived of any opportunity to correct the problem. <br />3.The deck and pool encroach into the average lakeshore setback. The retaining wall is <br />partially located on the adjacent properly. <br />4.The design of the driveway and orientation of the garage increases hardcover. The existing <br />structures exceed structural coverage allowance. <br />5.The file indicates that the pool was built in 1972 without permits. A side yard variance was <br />granted for the pool in 1976. The house and pool were constructed before the shoreland <br />ordinance. <br />STAFF RECOMMENDATION <br />1. City staff cannot recommend approval of these variances. <br />2. <br />3. <br />4. <br />To deny after-the-fact variances for side yard setback for the swimming pool and deck. <br />To deny an average lakeshore setback for the swimming pool and deck. <br />To deny the hardcover variance in the 75'-250' setback. <br />U236f '^eter Lanpher <br />1359 Park Drive <br />Date ofP.C. May 18. 1998 <br />page—5 <br />.(