10-19-2025 - Agenda Packet Planning Commission - PC Packet

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LA25-000043 20 October 2025 Page 5 of 8 9. The conditions do not apply generally to other land or structures in the district in which the land is located: The conditions of the property are unique and generally do not apply to other properties where the lakeshore setback surrounds a property as significantly. The driveway to the house is fully within the lakeshore and hardcover modifications at this location are limited, in this case the driveway is being shifted further from the OHWL. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant: The granting of variances for the homeowner is necessary for the preservation and enjoyment of a substantial property right. Without relief from the shoreland overlay standards, the house cannot be substantially improved or altered, nor the driveway relocated further inland. This criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter: The granting of variances will not be contrary to the intent of the zoning code, nor impact the health, safety, comfort, and morals of the community. The applicant’s request involves minimal expansions of the existing home and results in a net reduction in hardcover in the lakeshore, which is an improvement for the property given the substantial lake frontage it has. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty: Staff finds the granting of the requested variances for both the house modifications and hardcover alteration would be reasonable given the practical difficulties of the lakeshore impacting the property. This criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Conditional Use Permit (Sections 6.12.6240 and 6.12.4090) Section 6.12.6240(5)c states: “A wall in the shore setback zone, within a defined bluff and bluff setback; and/or a replacement wall 4 feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than 4 feet in height must meet the following conditions. The wall must be…”: 1. Designed to correct an established erosion problem: The existing timber walls have deteriorated significantly and have failed to adequately provide soil stability in this area. The change in material to limestone and the 2.4-foot extension will better address the existing conditions of the failed wall and prevent stormwater from impacting the building. 2. Suitable given the demonstrated need: The proposed walls are suitable and have been articulated to address the conditions the existing walls failed to contain. 137