Agenda Packet Cc - regular meeting 7/11/1988

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LnL11L1♦ In Page 2 of 4 and over half of the lots with this zoning (197) are SMALLER THAN 6/10ths OF AN ACRE. It is clear from looking at these numbers thu,. "i'Lhough the designation of an one acre minimum lot size might be justified as a desirable standard, the imposition of this zoning category on over half of the lots presently so zoned, does not conform to long established use, and the application of the present ordinance does nut support a "spirit or intent` of one acre parcels. An analysis of applicants immediate neighborhood shows a smiliar pattern. 75% of the lakeshore lots on Highwood Road (exclusive of applicant's property) are less than 26/100ths of an acre. None equals 1 acre and only 8% (1 out of 12) is as large as 6/10ths of an acre. An analysis of all properties located on Highwood Road yields an even greater disparity. Of the 24 properties in this category, none is equal or greater than one acre; one is equal to or greater than 8/10ths of an acre; one is between 6/10ths and 8/10ths of an acre and the remaining 22 are less than 6/10ths of an acre. 2. THE STAFF POINTS OUT THAT THE GRANTING OF THE REQUESTED VARIANCE FOR LOT AREA AND LOT WIDTH WOULD LEAD TO REQUESTS FOR ADDITIONAL VARIANCES FOR AVERAGE LAKESHORE SETBACK ACID ALSO FOR HARDCOVER REQUIREMENTS. The proposed dwelling would in tact lead to a request for average lakeshore setback. In reviewing this request, however, it should be noted that the proposed location is consistent with, and on line with, virtually all other residences on Highwood Road, with the exception of the adjacent property owned by Mr. George Applebaum located at 4109 Highwood Road. The property at that address is a non -conforming structure which predates the existing building ordinance. The dwelling built on that lot has an extreme setback from the lake, and in fact does not meet the road setback requirements of the ordinance. Mr. Applebaum has reviewed and discussed the proposed construction with Mr. Henrich, and has made a written statement to the City stating no objection to the plans, and indeed acknowledges that it is the location of his dwelling which is the cause of the problem. With regard to the assertion that hardcover variances would be requested, thi:, is �)ure speculation on the part of the staff. The proposed plan!3 are within the restrictions and the 75 to 250 foot section of the lot. In the 0 to 75 foot segment there are existing improvements which are non -conforming structures. Appiicant has indicated to staff, and is willing to stipulate that if the present variance requests are approved, he will relandscape the property in Lhe 0 to 75 foot area, removing all unnecessary hara cover and terracing tLe property to prevent any surface water from running off and polluting the lake. 3. THE STAFF INDICATED THAT IN ITS OPINION GRANTING THIS VARIANCE WILL "ULTIMATELY HAVE A NEGATIVF, IMPACT ON THE CHARACTER. OF THE NEIGHBORHOOD AND THE CHARACTER OF THE QUALITY OF THE WATER 'L- s