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r <br />Criteria for Determining Undue Hardship <br />The property in question cannot be put to a reasonable use if used under conditions allowed <br />by the official controls The property can continue to be used as a residence. However, the <br />deck is not in good condition and the applic&nt wishes to replace it. <br />The plight of the landowner is due to circumstances unique to his property not created by the <br />land owner. The existing residence is located almost entirely in the area between the required <br />30' bluff setback and the top of the bluff. The zoning lot area does not have a suitable <br />building pad for any further additions. <br />The variance, if granted, will not alter the essential character of the locality. The variance for <br />bluff setback will not change the character of the area. <br />The Board of Appeals and Adjustments or the Council may not permit as a variance for any <br />use that is not permitted under this Chapter for the property in the zone where the affected <br />person's land is located. Deck replacement is consistent with the zoning district. <br />The special conditions applying to the structure of land in question are peculiar to such <br />property or immediately adjoining property. Adjacent properties are also located along the <br />bluff. The subject lot is more restricted by the bluff and the existing road. <br />The granting of the application is necessary for the preservation and enjoyment of a <br />sub: tantial property right of the applicant. Replacement of the deck will preserve an existing <br />property right. Adding a screened porch will enhance their property rights. <br />The granting of such variance will not merely serve as a convenience to the applicants. But <br />is necessary to alleviate demonstrable hardship or difficulty. No improvements can be made <br />to the property without a bluff setback variance. <br />Issues <br />1 .This lot meets the setback requirements for street yard, side yard and lakeshore setback. <br />2.The topographical map and survey indicate that the existing residence is located over the area <br />defined by ordinance as the top of the bluff. <br />3. <br />4. <br />The applicant is proposing to replace an existing deck in poor condition. <br />Minimal description of the slope and bluff would occur to replace the deck and to construct <br />a screened porch <br />U2325 Lake Country Builders. John Cindy Olson <br />950 North Arm Drive <br />Date of PC. February 17, 1998 <br />page—2