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Date Application Received: 5/23/07 <br />Date Application Considered as Complete: 5/30/07 <br />Extended Review Period Expires: 9/27/07 <br />To: <br />From: <br />Date: <br />Chair Kempf and Planning Commission Members <br />Ron Moorse, City Administrator <br />Evelyn Turner, City Planner <br />August 20, 2007 <br />Subject: #07-3293 George Stickney on behalf of Bruce Paddock, <br />1500 Bracketts Point Road <br />-Hardcover Variance <br />-Public Hearing <br />Zoning District: LR-lA (2 acres) <br />Lot Area: 2.84 acres <br />Lot Width: 1,000 feet (lakeshore) <br />Application Summary: The applicant requests a hardcover variance to allow 27 percent <br />hardcover in the 75 to 250 foot zone to provide for construction of a replacement <br />residence. <br />Sta.ff Recommendation: Planning Department Staff recommends denial. <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-123. Issuances. <br />(a) In considering applications for variance, the council shall consider the advice and <br />recommendation of the board of appeals and adjustments and the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on <br />values of property in the surrounding area. Before granting a variance, the council shall hear <br />requests for variances from the literal provisions of this chapter in instances where their strict <br />enforcement would cause undue hardship because of circumstances unique to the individual <br />property under consideration, and to grant such variances only when it is demonstrated that <br />such actions will be in keeping with the spirit and intent of this chapter. The parameters <br />within which a variance may be granted are as follows: <br />(1) The property in question cannot be put to a reasonable use if used under <br />conditions allowed by the official controls. <br />(2) The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. <br />(3) The variance, if granted, will not alter the essential character of the locality. <br />(4) Economic considerations alone shall not constitute an undue hardship if <br />reasonable use for the property exists under the terms of this chapter. <br />(5) Undue hardship also includes but is not limited to inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth-sheltered