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The proposed lot sizes are consistent with the majority of the lots in the area. This is a <br />unique situation due to tlie decrease in lot size attributable to lakeshore erosion. Both lots <br />are also considered to be comer lots. This further limits the allowable building pad on <br />Lot 1. <br />10. The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The subject properties are separate tax parcels and have been assessed separately for <br />sewer and water. Lot 1 has never been built upon, however. <br />11. The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />The variance will not impair health, safety, comfort or morals. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The lots were platted and approved prior to current zoning requirements. The request for <br />lot area and hardcover variances have previously been approved by resolution. It should <br />be noted that the Planning Commission had u: inimously denied the previous application <br />in 1987 for the reasons cited on the attached notice of Planning Commission action <br />(Attachment I). <br />Is.sues <br />1. <br />2. <br />3. <br />Lots 1 and 2 combined consist of approximately one acre total. If the lots were <br />combined, the lot area, width and hardcover requirements would be met. <br />The lots were granted lot area variances and Lot 2 was granted a hardcover variance to <br />allow 30% hardcover in 1987. The resolution is attached (Attachment H). The issue of <br />lot width for Lot 1 was not discussed. No other variances have been granted. <br />If the variances are renewed, a lot width variance would also be required as Lot 1 does <br />not meet the 140' requirement. <br />4. The non-conforming side setback of 9.3’ for Lot 2 is not an issue with this application. <br />U2285 Gary and Bonnie Birnbaum <br />2695 Kelly Avenue <br />Variances <br />9/13/97 <br />Page 5