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Zoning File #2187 <br />July 16,1997 <br />Page 3 <br />applicant ’s residence and 65’ from the detached garage. The separation between <br />the neighboring residence and applicant's proposed residence would be <br />approximately 58’. <br />Do the conditions apply generally to other land or structures in the district in which <br />the property is located? All lots in the RR-IB zoning district are required to meet <br />the 30 ’ side setback, and all lakeshore lots are required to meet the average <br />lakeshore setback as well as defined lake setback. <br />Is the granting of the variance request necessary for the preservation and enjoyment <br />of the substantial property right of the applicants? The applicants have indicated <br />the need for additional living space, which cannot reasonably be obtained without <br />a variance to one or more setback requirements. <br />Will the granting of the variance merely serve as a convenience to the applicants <br />or is it necessaiy to alleviate demonstrable hardship or difficulty? While the <br />variance will be a convenience for the applicants by allowing expansion of their <br />residence as proposed, no functional additions would be possible without a variance. <br />"Economic considerations alone shall not constitute an undue hardship if reasonable <br />use for the property exists under the terms of the zoning code". The need for <br />variances is based on the property layout and not based on financial considerations. <br />Issues for Consideration <br />1.Is it appropriate based on the facts and hardships presented to allow a 2-story structure <br />with 5' side setback in the 2 acre zone? Since the City granted a variance in 1996 for <br />a one story addition encroaching the side yard, is the proposed two story addition <br />appropriate in light of the justifications previously used for the one story encroachment? <br />2.Does Planning Commission have any other concerns regarding the average lakeshore <br />setback or lakeshore setback variance request? <br />Staff Recommendation <br />If Planning Commission concludes that the two story addition located 5' from the lot line is <br />justified, then a recommendation for variance approval would be appropriate. Planning <br />Commission may wish to incorporate the findings and conditions of Resolution No. 3737 into <br />any approval recommendation, including removal of the existing detached garage structure prior <br />to final inspection of the new additions.