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' ' FILE#16-3814 <br /> March 15,2016 <br /> Page 3 of 5 <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single <br /> family homes and the associated amenities are permitted uses in the LR-1B district.The <br /> average setback variance if granted would appear to preserve lake views enjoyed by <br /> adjacent homeowners. Hardcover will be reduced from its existing level. <br /> 2. The variance is consistent with the comprehensive plan. The proposed new residence <br /> structure is consistent with the comprehensive plan guiding of this and surrounding <br /> properties for residential use. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls. The property owner is proposing to use the <br /> property in a reasonable manner but the specific location and size aspects of <br /> the request are not permitted by the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> The plight of the property owner with respect to the average setback variance <br /> due to the existing location of the adjacent principal structure on the lot to the <br /> immediate north, which is located further from the lake than the minimum 75 <br /> foot setback; applicants' property does not extend landward far enough to <br /> meet the average setback. This circumstance is inherent to the lot and was not <br /> created by the landowner. The hardcover variance request is a function of the <br /> substandard lot size and the applicants' desired house size and driveway <br /> layout; and <br /> c. The variance will not alter the essential character of the locality. The character <br /> of the neighborhood is not likely to be significantly altered by replacement of <br /> the existing residence in the manner proposed. <br /> City Code 78-123 provides additional parameters within which a variance may be granted as <br /> 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 average setback that applies to this <br /> property is unique and unusually lengthy due to the location of the home on the <br /> adjacent property to the north. The 25% hardcover limitation applies to all Tier 1 <br /> residential properties located at the lakeshore and is not peculiar to this property. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The standards applicable to this property apply to all other <br /> property in the neighborhood; however, the existing location of the neighboring <br /> residence building makes it difficult to replace the applicants' home in a location <br /> appropriate for the property while meeting the conditions imposed by the City <br /> ordinance. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. In the opinion of staff, granting of the <br /> average setback variance is necessary to preserve the property rights of the owner to <br /> buifd a new residence on the property. While granting of the hardcover variance is not <br /> essential to maintaining the property owners' rights to have a home on the property, <br /> the variance would assist in providing for off-street parking since the shared driveway <br /> serving as access to the property is not wide enough to provide for on-street parking. <br />