Agenda Packet Cc - regular meeting 6/27/1988

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Zoning File 01025 Page 5 subject to the requirement that "all other standards of the zoning district must be met." In this case, development of the property as the applicant wishes will certainly require an average lakeshore setback variance, and in staff's opinion will also ultimately necessitate a significant hardcover variance. In this unique case, staff must refer back to the requirements for granting a variance which require that an applicant "must demonstrate that strict enforcement of the literal provisions of the code will cause undue hardship because of circumstances unique to the individual property under consideration". Such variances may be granted only when it is demonstrated that such actions will be in keeping with the spirit and intent of the zoning code. Undue hardship as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by official controls. Planning Commission and Council must decide whether continued use of this property as a side yard to Henrich's existing house constitutes a reasonable use. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Certainly, the property was created at its existing size prior to the applicant's purchase of the property, but he technically gave up the established right to maintain a non -conforming structure when he removed the structure. 3. The variance if granted will not alter the essential character of the locality. It is a fact that this neighborhood is already more densely developed than the current zoning codes would allow, yet for the most part that development occurred before those codes were in effect. Granting a variance to Henrich to build on this substandard size lot will create a property that in itself is not "out of character" with the neighboring properties, but which will increase the visual and physical density of the area. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. It can be argued that the fact that Henrich paid a sewer assessment for the property is merely an ecomonic consideration, and that his reasonable use for the property is merely as a side yard area. For a number of years, the property has been assessed and taxed as a side yard to the Henrich's existing house, not as a buildable lakeshore lot. 5. The special conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property. na conditions do not apply generally to other land or structures in the district in which said land is located. Staff would agree that there are few other properties in the LR-lB zoning district which are vacant lakeshore lots of extremely small size which have been assessed for a full sewer unit. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The Planning Commission and Council must decide whether the unique history of this Eroperty has established any substantial property right of the applicant to have a residence on the property.