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A) The property was platted as right of way in order to provide access to inland roads <br />and properties on the island, such access being necessary for the protection of the <br />public health, safety and welfare. Strict adherence to the ordinances would prohibit <br />use of the property for its intended purpose. <br />B) The right of way platted to the lakeshore is a unique circumstance to the Island and <br />was created in 1887 for the public benefit by prior owners of the surrounding <br />property, and is not a circumstance created by the City. <br />C) Construction of a roadway 1 O' in width within the 90' wide corridor will not alter <br />the essential character of the locality and will replace a similar access road which <br />existed nearby on private property for many decades. <br />D) The establishment of a suitable roadway is a substantial property right inherent in <br />plattedright-of-ways. DenialofthevariancesandCUPwoulddenythepublicof <br />this right. <br />5. The City Council finds that the re-establishment of a pedestrian and vehicular access at the right-of- <br />way in question is necessary to balance the City's goal of providing only the minimum necessary <br />public services to the island, with the inherent need for access for inland properties, for emergency <br />services, and for occasional service vehicles. <br />6. The City Council has considered this application including the findings and recommendations of the <br />Planning Commission, reports by City staff, comments by the applicants and the public, and the <br />effect of the proposed variances and conditional use permit on the health, safety and welfare of the <br />community. <br />7. The City Council finds that the conditions existing on this property are peculiar to it and do not <br />apply generally to other property in this zoning district; that granting the variances and conditional <br />use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants and the public; and would be in keeping with the spirit and intent <br />of the Zoning Code and Comprehensive Plan of the City. <br />Page 3 of6