Laserfiche WebLink
,r ` r <br /> FILE#15-3795 <br /> 12 Jan 16 <br /> Page 4 of 5 <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the nonconforming location of the existing home which was not created by the <br /> owner; and <br /> c. The variance will not alter the essential character of the locality. Granting the <br /> requested setback variances to allow a pool,decks with pergola and pool patio <br /> to encroach as close as 75 feet to the OHWL,lakeward of the average lakeshore <br /> setback and lake setback,should not alter the essential character of the locality <br /> due to the size of the property and orientation of the neighboring homes. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The home was constructed prior to the <br /> adoption of the Shoreland Overlay District Regulations which established the Natural <br /> Environment structural setback of 150-feet for French Lake. At the time of the home's <br /> construction, a structure was permitted to be constructed up to 26 feet from the <br /> wetland edge. This is similar for all pre-existing homes on the properties abutting the <br /> south basin of French Lake. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The subject home and other properties abutting the south basin of <br /> French Lake predate the City's adoption of the Shoreland Regulations which <br /> established the 150-feet lake setback and 75-foot hardcover prohibition. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting average lakeshore setback and lake <br /> setback variances to allow deck additions and pool construction within the 150-foot <br /> lake setback is reasonable and necessary to preserve the property rights of the owner <br /> and supported by the nonconforming location of the home on the property. However, <br /> there are sufficient alternate locations on the property to construct a conforming in- <br /> ground pool. <br /> 7. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. It is staff's <br /> opinion that this criteria is met. <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 setback variances to permit the <br /> construction of the pool and lake side decks lakeward of the 150-foot lake setback and <br /> average lakeshore setback line. <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 /> 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 150 lake setback requirement applied to French Lake in 1992 with the adoption of the DNR <br />