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I <br /> , <br /> ` t <br /> � ; <br /> �rYS �1 <br /> �~ � (�lt� O� 0�,��� <br /> �•�; � ; ��. <br /> ��,�� F� <br /> • � ' RESOLUTION OF THE CITY COUNCIL <br /> �. ;� NO. 1837 � <br /> �`. <br /> • ' • • � <br /> Ly`�i..a' "n{� <br /> D) Planning Commission recommended that a partial <br /> variance be granted. The sidewalk between the patio <br /> and the Iake should be removed, leaving 318 square feet <br /> of hardcover or 4.9� in the 0-75' setback area. . <br /> 4. The City Council reviewed this application on July 22, <br /> 1985, and August 12, 1985 and made the following additional <br /> findings: <br /> A) The applicants have not shown an adequate hardship <br /> to justify the granting of a variance to allow the <br /> existing excessive amounts of hardcover to remain in <br /> the 0 -75 ' setback area , because this is new <br /> construction and with proper planning the need for a <br /> variance could have been avoided. <br /> B) The applicants do have a hardship based on the <br /> • small lot size (0.38 acre in a 2-acre zone) , which <br /> unusually small lakeshore lot was allowed by the City <br /> to be created in order to reduce the intense use of <br /> Stubbs Bay by the marina which previously occupied the <br /> property. <br /> C) The remainder of the property, in the 75-250' <br /> lakeshore setback zone, contains only the driveway, <br /> sidewalks and house as hardcover, constituting 3,869 <br /> squa're feet or 38.7� hardcover. This amount of hard- <br /> cover, although exceeding the normal Iimits, is neces- <br /> sary to the safe and reasonable use of the property. <br /> D) The applicants have submitted an alternate proposal <br /> for a patio which encroaches only 5' into the 0-75' <br /> lakeshore setback area, and after removal of the <br /> existing patio and portion of sidewalk between the <br /> existing patio and the Iake, consti:tutes approximately <br /> 110 square feet of hardcover in the 0-75' setback area, <br /> or 1.7$, and will increase the 75-250' hardcover by 125 <br /> square feet, or up to 4,018 square feet or 40.0�. <br /> 5. The City Council has considered this app3.ication <br /> including the findings and recommendations of the Planning <br /> Commission, reports by City staff, comments by the applicant <br /> • and the effect of the proposed variance on the health, <br /> safety and welfare of the community. <br /> Page 2 of 5 <br />