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925 Brown Road North - 27-118-23-34-0001
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16-3812, VAR
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Project Packet
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A8. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br />VARIAN CE ANALYSIS: <br />B 1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . . " Single family residences are a permitted use within the <br />RR-JB zoning district The intent of the average lakeshore setback ordinance is to <br />preserve lake views enjoyed by adjacent property owners. No lake views enjoyed by <br />neighboring property owners will be impacted by granting of the variances. <br />B2. "Variances shall only be permitted... when the variances are consistent with the <br />comprehensive plan." The existing structure and proposed additions are associated <br />with residential use which is consistent with the comprehensive plan guiding of this <br />and surrounding properties for residential use. <br />B3. "Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used <br />in connection with the granting of a variance, means that: <br />1. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls." <br />11. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner." <br />111. The variance, if granted, will not alter the essential character of the locality." <br />The property owner is proposing to use the property in a reasonable manner but the <br />specific location aspects of the request are not permitted by the Zoning Code. The <br />plight of the property owner is due to the location of the neighboring residence to the <br />immediate south which is unusually distant from the lakeshore, a condition not caused <br />by the applicants. The proposed additions will not alter the character of the <br />neighborhood but will be consistent with the neighborhood. <br />B4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />Page 3 of6
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