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75'-250'12,860 sq. ft.3,614 sq. ft.3,215 sq. ft.3,456 sq. ft.241 sq. ft. <br />(28.1%)(25%)(26.87%)(1.87%) <br />The proposed replacement of the retaining wall and sidewalk reduces hardcover in both the 0'-75' <br />and 75 ’-250' setbacks. A variance for 9.4% in the 0 ’-75' setback and 1.87% in the 75'-250' <br />setback is required. Previous variances to allow 28% hardcover in the 75'-250 ’ setback were <br />granted. <br />STATEMENT OF HARDSHIP <br />The applicant has provided an explanation of his request, please see Exhibit AA. <br />Criteria for Determining Undue Hardship <br />1. The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls. <br />The property can continue to be used as a residence, however, the rotted wall has been <br />removed and the applicant's deck needs to secure his deck. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The landowner's situation is created by the condition of the retaining walls that were on <br />the property, his desire to replace them, the location of the retaining wall in the required <br />lakeshore setback, and the topography of the zoning lot. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />The variance for a side yard setback, hardcover, and lakeshore setback will <br />not change the character of the area. <br />4. Economic considerations alone shall not constitute an undue hardship if reasonable <br />use for the property exists under the terms of this chapter. <br />Economic factors are not a consideration with this application. <br />5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight <br />for solar energy systems. <br />U2260 Benjamin Milbrath <br />3265 Carmen Road <br />Variances and Conditional Use Permit <br />PC: 7/19/97 <br />page~3