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Zoning File #1363 February 14, 1989 Page 3 of 4 b) The hardcover increase in the 75-250' zone is justified by removals in the 0-75' zone. All of the proposed hardcover is necessary to preserve substantial property rights of the owners. c) ]average lakeshore setback variance is appropriate given that the actual views of the lake enjoyed by neighboring property owners will substantially increase as a result of removal of the existing house. Furthermore, encroachment of the proposed house past the average setback line is necessary to preserve an existing mature oak tree on the property without re -designing the proposed residence. d) The variances requested are consistent with variances granted for upgrade of other residences in the Baldur Park neighborhood in recent years. e) The unique elevated nature of the property in relation to the surrounding properties, suggests that the residence must be located near the highest elevation and further from the road in order to benefit from the northerly view of the lake, and therefore requires a longer driveway. f) The plight of the landowners is due to circumstances unique to their property and were not created by the landowner. g) Granting of the variances requested will nr,t alter the essential character of the locality. 2. if Planning Commission wishes to deny the application, opprtite findings from those noted above should be included in your recommendation. 3. Table for further irformation or revision. If this option is chosen, Planning Commission should give applicant clear direction what additional revisions are necessary. If a recommwndation for approval is forthcoming, Planning Convissic•n should consider includirq the following conditiors of approval: 1. Remr, ral of all hardcover items noted by applicart as being proposed for removal on the revised plan. 2. Property ownPi shall be required to grade the area of the removed foundation bark to original contours, as verified by the City Engineer.