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#23 70 -O'Keefe <br />May 14, 1998 <br />Page 3 <br />this is one of the few double lots on the peninsula. However, a portion of that lowering will occur <br />in the northerly 0-75' zone. It appears that 2 mature trees in the 0-75' zone would be removed as a <br />result of this lowering. <br />Applicant also proposes to grade for a walkout. This will require excavation of as much as 6' deep <br />in the 0-75' protected zone where such excavations are not normally allowed, and would likely rsult <br />in a 3rd mature tree being lost. The City has denied a number of such requests in the past, citing <br />Comprehensive Plan Goals and Policies that intend to prevent changes to the shoreline landscape <br />(see Exhibit L). <br />In summary, the application essentially requests three separate approval: <br />1. Hardcover variances <br />2. CUP and variance for grading to lower the hill within 5' of lot line and within 7 5' of <br />lake <br />3. CUP and variance for excavation within 0-75' zones to create a walkout, as well as <br />to fill in existing foundation and reconfigure driveway <br />Review of Hardships <br />The applicant submitted a CUP application form rather than a variance form, hence no formal <br />hardship statement was presented. Applicant did note the prior hardcover variance approval, and <br />Planning Commission may wish to review the findings from the 1989-90 approvals (see Exhibit I). <br />Applicant will be prepared to address the specific justifications for the granting of each of the <br />requested approvals at the May 18 meeting. <br />Criteria for Determining Undue Hardship <br />The following criteria must be considered in determining whether adequate hardship exists to grant <br />variances: <br />1. The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls. <br />The property contains an existing residence. That residence could potentially be expanded <br />without variances with some revisions to the site plan; however, access to the property is <br />necessarily within the southerly 0-75' zone, so some variance would likely be needed to <br />revise the driveway even if a house was built meeting hardcover requirements. <br />2. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner.