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A) The portion of Cherry Avenue that the proposed cat <br />walk structure would cross is totally within the <br />wetland/lakeshore and is not used for roadway purposes <br />and is currently unimproved. <br />B) The legal combination of the substandard lot will <br />now be tied to an adjacent homestead parcel and will <br />never be the subject of a land use independent of any <br />homestead. <br />C) The proposed dock structure meets the LMCD <br />criteria for authorized dock use area for a dock with <br />one slip (1 slip per 50 lineal feet of shoreline). <br />D) The property consists of predominately wetlands and <br />lakeshore. <br />E) There is no adverse impact on adjoining property <br />owners or the public generally as a similar dock and <br />cat walk structure has existed on the property to the <br />immediate east without any record of accidents or <br />apparent hazard to the public who use the adjacent main <br />lake and roadway. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, r.*jports by City staff, comments by the applicant <br />and the effr.ct of the proposed variances on the health, <br />safety and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district? that granting the <br />variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property? would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant? and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />Page 2 of 5