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#23 70 -O'Keefe <br />May 14, 1998 <br />Page 5 <br />6. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <br />The same hardcover requirements and grading/excavating limitations apply to all residential <br />lakeshore lots in the LR-JC district. <br />7. The conditions do not apply generally to other land or structures in the district in which said <br />land is located. <br />The conditions applying to this lot are the same as those applying to other lots in the LR-JC <br />district. <br />8. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />The applicant has a right to maintain the existing residence, or to construct a new residence <br />on the property that meets City code standards. A new home could be constructed on the <br />property without most of the variances being requested. <br />9. The granting of the proposed variances will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Granting of the variances will not impair health, safety, comfort or morals. <br />10. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty. <br />Certain facets of the hardcover variance request are related to the applicants wish for <br />certain size house and garage; the southerly 0-75' hardcover variance is related to the <br />factors inherent in the lot due to the lake being on both ends of the lot. The request for <br />grading in the 0-7 5' zone is for the convenience of the applicant; the request for a CUP to <br />lower the crown of the hill, while benefitting the applicant to some extent, may also lessen <br />the impact of this home in the context of the neighborhood, but results in the loss of mature <br />trees and changes the natural topography of the shoreline. <br />Issues for Consideration <br />1. Have adequate hardships been demonstrated to support the proposed hardcover variances? <br />Is the fact that the proposed hardcover variances are similar to those granted in 1989-90, but <br />now with a greater share of the hardcover removed from the 0-75' zone, a positive factor