Laserfiche WebLink
FI LE#15-3795 <br /> 10 Nov 15 <br /> Page 5 of 6 <br /> 8. The granting of such variance wilf not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable d9fficulty. The applicarrt has demonstrated <br /> practical difficulties which support granting some level of variance to permR the <br /> construction of the lake side decks lakeward af the 150-foot lake setback and average <br /> lakeshore setback tine; however, they have not establtshed sufficient practical <br /> difficulties which support the granting of the requested hardccver and wetland setback <br /> variances for the pool, patio,and decks within 75-feet of the OHWI. <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 5tatus <br /> A new septic system was installed in 2014, however this system encroaches into the 35-foat <br /> wetland setback. A staff-issued variance was granted at that time. Additivnal modifications to <br /> the existing system inciuding moving one or both of the septfc tanks may be necessary if the <br /> �ariances relating to the pool are granted. <br /> Prattital Diff'kulties StatemerK <br /> Appiicant has completec!the Practical Difficulties Documentatian Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Pract{cal Dtfflculttes Analysls <br /> Staff finds that the location of the home on the property (which currently encroaches entirely <br /> lakeward the 150-faot setback and average lakeshore setback) results in the inability of the <br /> owners to make structural or hardcover changes on the Eake side creating a practical difficulty. <br /> The property is large although awkwardly shaped,the home is approximateiy 18 feet higher than <br /> the lake/wetiand level, and the home, existing trees, and other vegetation offer separation and <br /> potentially screening from any visual impacts resutting from the Iocation of the home. The apen <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 /> wilf offer some relief from the sun on the sauth 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 lakesho�e setback variances for the some or all of the <br /> deck improvements. <br /> The proposed poal wilE be located within t�e 35-foot wetland setback; 75-feot lake setback <br /> {hardcover);the average lakeshore setback;and within the 150-foot structure setback. Staff finds <br /> that althaugh the visuaE impacts of the pool wiil be rninimal from t�e lake and from adjacent <br /> properties, the setback and hardcover variances would serve merely as a con�enience to the <br /> owners as there are satisfactory alternative locations where such an amenity cou(d be located on <br /> the property. The granting of variances to permit a pool to be locateci t60 feet from the OWHL <br /> of French take is nat con5istent with the goals of the comprehensive plan nar would it be in <br /> keeping with the intent of the Zoning Code. Based on the infarmation pravided it does not appear <br />