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08-10-1998 Council Packet
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08-10-1998 Council Packet
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STATEMENT OF HARDSHIP <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 in question has been granted lot area and lot width variances that expire on <br />November 10, 1998. The property is vacant. A small house that does not require any <br />variances could be built on the lot. <br />2. The plight of the lando’Aner is due to circumstances unique to his property not created <br />by the landowner. <br />The situation is caused by the design of the proposed residence and the location of the lot <br />next Lydiard Avenue which requires a greater setback of 35' instead of I O'. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />The variances will change the character of the area by allowing a house that exceeds <br />the hardcover limits to be built within 1 1' of Lydiard Avenue. The access to Lydiard <br />Beach would also be changed because it does not currently provide access to other <br />residences. <br />4. <br />5. <br />6. <br />Economic considerations alone shall not constitute an undue hardship if reasonable <br />use for the property exists under the terms of this chapter. <br />The applicant has a purchase agreement to buy the property contingent on receiving <br />the requested variances. The lot was granted lot area and lot width variances, however, <br />a condition was placed on the lot to limit future variances. <br />The current price of lake shore lots is driving the number of variances to maximize the <br />size of the proposed residence. <br />The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property. <br />This lot is subject to the conditions under which the lot area and lot width variances were <br />granted. Other lots, however, are also subject to the hardcover and setback limits. <br />The conditions do not apply generally to other land or sUiictures in the district <br />in which said land is located.
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