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� � <br /> #10-3�67 <br /> �fay 17,2010 <br /> Page 3 of� <br /> setback. The patio is of a different shape than the approved deck. It extends 13 to 14 feet <br /> from the house toward the lake while the approved deck extended only 12 feet(which <br /> required a lake setback variance). <br /> Hardship Statement <br /> Applicant has completed the Hardship Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Hardship Analysis <br /> In co�rsirlerirrg applicatioirs for vari�rnce, tlre Pla�tiriirg Coj�r��iissio�i shall co�isider t/�e effect of t/ee propose�! <br /> variance irpon t/ie/ierrlt/e, srrfety �urrl welfrrre of t/re commu�riry, e.risting «nd nnticipate�l traffrc conditioirs, <br /> liglet and air, tlrnrger of fire, risk to t/re public srrfety, and t/ie effect oii v«lues of property iir t/ie sr�rrountli�ig <br /> nrea. The Pltruuing Conunission skrr/l consider reconunending approval jor vrrrirrirces from the literal <br /> provisioirs of t/re Zouing Cotle iir i�rsttuices wlrere tleeir strict enforcement would crurse rrnrlue lrrrr�ls/�ip <br /> becacrse of circru�rstrrnces cnriqcie to tlre indivirlu�rl property uit�ler consitlertetion, re�rrl slrall reconune�r�! <br /> approva!only w/ien it is rlenro�rstraterl t/irrt scrclr actio�rs ivi//be iir keepi�rg ivitlt t/ie spirit anrl intent of tlte <br /> Oro�to Zoning Code. <br /> Staff Comments <br /> Hardcover Variance: In approving previous applications where construction of a new garage <br /> required hardcover variances Council has determined that reasonable use of a residential <br /> property includes a garage. The only question is the size of the garage and the driveway and <br /> if there is hardcover that can be removed. <br /> On a property this size a two-car garage is reasonable. The proposed garage is 24 feet wide <br /> by 28.33 feet deep. The Commission should ask the applicants why 28.33 feet was chosen <br /> for the depth. The driveway as proposed is 769 square feet. It is not dimensioned but it <br /> appears the turnaround is ten feet deep rather than the required 12 feet deep. If this was <br /> corrected and the width of the apron reduced from 22 feet to 18 feet (the overhead door is 16 <br /> feet wide) and the width of the approach from Concordia Street reduced from 12 feet to 10 <br /> feet, driveway would be about 650 square feet. The applicant proposes to remove 71 square <br /> feet of sidewalk. The door it accesses will be converted to a window. <br /> Changes to 1992 Variance: <br /> While Staff considers the deck and the current patio close enough in massing to be <br /> considered equivalents, the patio is not in compliance with the hardcover and lakeshore <br /> setback variances. This situation should be corrected at this time. These variances were <br /> reviewed closely and the deck was redesigned to reduce the portion in the 0 to 7� foot zone <br /> from 129 square feet to �6.2 square feet. <br /> Often the only way to reconcile old hardcover calculations with new ones is to compare the <br /> sizes of different items of hardcover and the hardcover totals. Having copies of the surveys <br /> that were the basis of the calculations is helpful in determining if hardcover areas have <br /> actually changed or are just measured more accurately on the newer calculations. Hardcover <br /> percentages are ignored since the area in each hardcover zone inevitably changes. <br /> For the 0-7� foot zone the only hardcover was the deck so a comparison in that zone is easily <br /> made. Unfortunately the resolution granting the variances did not include a hardcover <br />