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The granting of the application is necessary for the preservation and enjoyment <br />of a su’^stantial property right of the applicant. <br />The deck as previously existing is in character with the neighborhood. The applicant will <br />not be deprived of use or enjoyment of the property by requiring the removal of the screening <br />over the deck. <br />8.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 />Allowing the applicant to enclose the deck would serv'e as a convenience to the owner and <br />is not unique in its configuration or physical layout. <br />I?§U€S <br />1. The property does not meet lot area or width requirements. <br />There is a significant amount of rock over plastic on the property in both the O' to 75' and <br />75' to 250' lakeshore setbacks. <br />3. <br />4. <br />There is a non-conforming deck near the lakeshore. <br />The subject property is situated significantly higher than the property to the south. Screening <br />over the deck may interfere with the views <br />5.The screening was added to the existing dedc without a building permit. The Building <br />Inspector has indicated that if the variances are approved to retain and complete the porch, <br />the applicant needs to provide plans indicating how the porch will meet building code <br />requirements, particularly deficiencies in the roof and base. According to the building code, <br />structures require enclosed roofs. <br />The screened porch does not have either a solid roof or windows. The screens can be <br />removed. The screening and supports are considered structure. <br />U23I ~ Khosro\¥ Diiivari <br />1082 Loma Linda Avenue <br />yariance <br />2/17/98 <br />Pages