07-21-1997 Planning Packet - Laserfiche WebLink

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Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person ’s land is located. Retaining walls are allowed on residential property if the applicable requirements are met. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This special conditions applying to this zoning lot is the topography and the deteriorated condition of the retaining wall that was removed. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. There have been other applications before the Planning Commission and City Council to replace retaining w'alls in lakeshore yards that are deteriorated. 10. The granting of the application is necessaiy for the preservation and enjoyment of a substantial property right of the applicant. The variances are needed to secure the deck and yard from eroding into the yard and lake since the rotted wall has been removed. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance w'ill not impair health, safety, comfort or morals. If the wall is not replaced, the safety of the applicant's household is threatened. 12. The granting of such variance w ill not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. U2260 Benjamin Milbrath 3265 Carmen Road Variances and Conditional Use Permit PC: 7/19/97 page-4