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Zoning File #2134 <br />May 16, 1996 <br />Page 4 <br />Issues for Consideration <br />1.Given the ever increasing hardcover on this property, which now comprises more than 30% <br />of the entire lot area (compared to the DNR's 25% standard) what is the justification for <br />allowing additional hardcover near the 75 ’ setback line in exchange for reductions in the <br />drivewav far from the lakeshore? <br />Does the 1991 Planning Commission comment that the driveway is appropriate "as is" <br />suggest that its partial removal is not a reasonable trade-off today? <br />3. <br />4. <br />Is there a hardship that justifies the proposed hardcover trade-offs? <br />Is the non-compliant lakeshore stairway and landing so far out of compliance that it should <br />be rebuilt, or should applicant merely be required to obtain an after-the-fact permit for it, <br />leavinc it as is?W <br />5.Since applicant did not pay an after-the-fact variance application fee is there any reason he <br />should not be required to pay that fee? If the variance request is denied, should the after-the- <br />fact variance fee be required? <br />Staff Recommendation <br />In order to recommend approval of this variance request. Planning Commission must be convinced <br />that a hardship exists, and that the proposed trade-offs, or additional required trade-offs, will justify <br />granting of the variances. The history of this property clearly suggests that it currently contains <br />extreme excesses of hardcover, virtually all of which have been created in "after-the-fact" <br />circumstances. <br />If Planning Commission recommends approval, staff would recommend the payment of tlie after-the- <br />fact variance fee, and whether or not the deck variance is approved, applicant should be required to <br />obtain an after-the-fact permit for the lakeshore stairway system. <br />Options for Action <br />1.Recommend approval of after-the-fact variances, payment of after-the-fact variance and <br />permit fees. <br />2.Recommend approval as above, with specific additional conditions (addressing deck as well <br />as lake stairway). <br />Table for further information/further discussion.