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04-24-1989 Council Packet
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04-24-1989 Council Packet
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FINDINGS <br />r. property is located in the LR-lD, single family lakeshore <br />* -;it .ntial zoning district and consists of 18,510 s.f. or 0.42 acres. <br />The district requires 43,560 s.f. or 1.0 acres in ?tea. <br />2. Pre-existing improvements to the property include a residence <br />structure located approximately 78* from the shorrline, an attached <br />deck and patio located 63* from the shoreline, and a portion^ of <br />bituminous driveway as located approximately 58* from the shoreline. <br />Pre-existing hardcover areas consisting of driveway. ^?tio and deck <br />constituted 868 s.f. or 10.9% hardcover in the 0-75* lakeshore setback <br />zone where no hardcover is norritally allowed. <br />3. The actual pool and spa construction encroach nearer the lake than <br />the average setback line. The pool and adjacent patio proposed will <br />encroach as near as 21* from the shoreline. The pool and spa <br />originally proposed would, in conjunction with pre-existing hardcover <br />not intended to be removed, constitute 28.4% hardcover in the 0-75* <br />lakeshore setback zone where only 10.9% hardcover had previously <br />existed and no hardcover is normally allowed. <br />4. Without having attempt;:;d to obtain the required building permit <br />and without attempting to determine whether a building permit v;as <br />needed, the applicants in the summer of 1988 proceeded to construct <br />spa and swimming pool located entirely ’ 'thin the 0-75* lakeshore <br />setback zone where no structures and no hardcover are normally <br />allowed. This came to the attention of City staff on September 6, <br />.1 988 at which time a site inspection was made and the construction was <br />posted with a "Stop Work Order". By that time, the pool and spa <br />construction was nearly complete. The property owners were advised <br />that such construction was illegal. <br />5. On October 26- 1988, the applican^-'^ appli ^pplication #1353) to <br />the City for aft.-/.-the-fact variance '’•arc er, average lakeshore <br />setback encroachment, and lakesh bacf. for the pool *nd spa <br />construction and a side setback var or the pool maintena nce and <br />equipment structure. <br />6. In their letter of application, the applicants made the following <br />statements of hardship and description of unusual property conditions: <br />Page 2 of 8
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