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FILE#15-3795 <br /> 10 Nov 15 <br /> Page 5 of 6 <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. The applicant has demonstrated <br /> practical difficulties which support granting some level of variance to permit the <br /> construction of the lake side decks lakeward of the 150-foot lake setback and average <br /> lakeshore setback line; however, they have not established sufficient practical <br /> difficulties which support the granting of the requested hardcover and wetland setback <br /> variances for the pool, patio, and decks within 75-feet of the OHWL. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Septic System Status <br /> A new septic system was installed in 2014, however this system encroaches into the 35-foot <br /> wetland setback. A staff-issued variance was granted at that time. Additional modifications to <br /> the existing system including moving one or both of the septic tanks may be necessary if the <br /> variances relating to the pool are granted. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that the location of the home on the property (which currently encroaches entirely <br /> lakeward the 150-foot setback and average lakeshore setback) results in the inability of the <br /> owners to make structural or hardcover changes on the lake side creating a practical difficulty. <br /> The property is large although awkwardly shaped, the home is approximately 18 feet higher than <br /> the lake/wetland level, and the home, existing trees, and other vegetation offer separation and <br /> potentially screening from any visual impacts resulting from the location of the home. The open <br /> water area of French Lake is situated more to the north and east of the subject project area.The <br /> proposed deck additions provide access from the driveway to the lake side.the proposed pergola <br /> will offer some relief from the sun on the south and west sides of the deck areas. Staff finds that <br /> there are special conditions relating to the existing home and property which support granting <br /> the requested lake setback and average lakeshore setback variances for the some or all of the <br /> deck improvements. <br /> The proposed pool will be located within the 35-foot wetland setback; 75-foot lake setback <br /> (hardcover);the average lakeshore setback;and within the 150-foot structure setback. Staff finds <br /> that although the visual impacts of the pool will be minimal from the lake and from adjacent <br /> properties, the setback and hardcover variances would serve merely as a convenience to the <br /> owners as there are satisfactory alternative locations where such an amenity could be located on <br /> the property. The granting of variances to permit a pool to be located ±60 feet from the OWHL <br /> of French Lake is not consistent with the goals of the comprehensive plan nor would it be in <br /> keeping with the intent of the Zoning Code. Based on the information provided it does not appear <br />