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The variance would not change the locality. The property would be used as a single family residential lot with a swimming pool as a permitted accessory structure. 4. Economic considerations alone shall not constitute an undue hardship ifreasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. 5. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The use of the property would remain residential, which is consistent with the zoning. A swimming pool is allowed as an accessory structure in the zoning district. 6. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The lot is located on Bohn's Point. The properties do not entirely face the same direction. The subject property is located on a curve creating a lakeshore view to the southwest. The easterly property would have a lakeshore view to the south. The topography of the land and vegetation also creates a visual barrier between all affected lots. The applicant's lot is pie shaped resulting in the 75-250' setback not being representative for an average lot in the zoning district. 7. The conditions do not apply generally to other land or structures in the district in which said land is located. The lots are located on a point resulting in an Average Lakeshore Setback line being pushed towards the back of the applicant's property. 8. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants are exceeding the lakeshore setback by approximately 44'. The proposed location of the structure on the property was approved as part of the variances last year. The applicant is requesting trading approved hardcover from the driveway for a swimming pool. 9. The granting of the proposed variance will not in any way impair health, safety, #2419 Graydon and Michelle Newman 1655 Bo/m's Point Road Variances 9/21/98 Page 5