07-20-1998 Planning Packet - Laserfiche WebLink

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#2370 - O’Keefe May 14,1998 Page 3 this is one of the few double lots on the peninsula. However, a portion of that lowering will occur in the northerly 0-75' zone. It appears that 2 mature trees in the 0-75' zone would be removed as a result of this lowering. Applicant also proposes to grade for a walkout. This will require excavation of as much as 6 ’ deep in the 0-75' protected zone where such excavations are not normally allowed, and would likely rsult in a 3rd mature tree being lost. The City has denied a number of such requests in the past, citing Comprehensive Plan Goals and Policies that intend to prevent changes to the shoreline landscape (see Exhibit L). In summary, the application essentially requests three separate approval: 1. Hardcover variances 2. CUP and variance for grading to lower the hill within 5' of lot line and within 75' of lake 3. CUP and variance for excavation within 0-75' zones to create a walkout, as well as to fill in existing foundation and reconfigure driveway Tleview of Hardships The applicant submitted a CUP applic'ition fomi rather than a variance form, hence no formal hardship statement was presente 1. Applicant did note the prior hardcover variance approval, and Planning Commission may wish to review the fmdings from the 1989-90 approvals (see Exhibit I). Applicant will be prepared to address the specific justifications for the granting of each of the requested approvals at the May 18 meeting. Criteria for Determining Undue Hardship The following criteria must be considered in determining whether adequate hardship exists to grant variances: ... 1. 2. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property contains an existing residence. That residence could potentially be expanded without variances with some revisions to the site plan; however, access to the property is necessarily within the southerly 0-75* zone, so some variance would likely be needed to revise the driveway even if a house was built meeting hardcover requirements. The plight of the landowner is due to circumstances unique to his property not created by the landowner.