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Page 2 of 4 <br />and over half of the lots with this zoning (197) are SMALLER <br />THAN 6 /10ths OF AN ACRE. It.is clear from looking at these <br />numbers that-although the designation of an'one acre minimum lot :s <br />size might be justified as a desirable standard, the imposition <br />of this zoning category on over half of the lots presently so -_ <br />zoned, does not conform to long established use, and the <br />application of the present ordinance does not support a "spirit -g <br />or intent" of one acre parcels. -= R;= .:,.•. <br />An analysis of applicants immediate neighborhood shows a _- <br />smiliar pattern. 75% of the lakeshore lots on Highwood Road <br />(exclusive of applicant's property) are less than 26 /100ths of - an_•.�w�; <br />acre. None equals 1 acre and- only 8% (1 out of 12) is as large._-._"_--_ — == <br />as 6 /10ths of an acre. An analysis of all properties located on .. - <br />Highwood Road yields an even greater disparity. Of the 24 <br />properties in this category, none is equal or greater than one <br />ac. -re ;,:•.one is equal to .o.r greater than 8 /10ths of an acre; one is _ <br />between 6 /10ths and 8 /lOths of an acre and the remaining 22 are <br />less than 6 /10ths of an acre. <br />2. THE STAFF POINTS OUT THAT THE GRANTING OF THE REQUESTED <br />VARIANCE FOR LOT AREA AND LOT WIDTH WOULD LEAD TO REQUESTS FOR <br />ADDITIONAL VARIANCES FOR AVERAGE LAKESBORE SETBACK AND ALSO FOR <br />HARDCOVER REQUIREMENTS. <br />The proposed dwelling would in fact lead to a request -for <br />average lakeshore setback. In reviewing this request, however, <br />it should be noted that the proposed location is consistent with, <br />.and on line with, .virtually -all other residences on Highwood - <br />Road, with the.exception of the adjacent property owned by Mr. <br />George-Applebaum located at 4109 Highwood Road. The property at. <br />that address is a non - conforming structure which predates the <br />existing building ordinance. The dwelling built on that lot has <br />an extreme setback from the lake, and in fact does not meet the <br />road setback requirements of the ordinance. Mr. Applebaum has <br />reviewed and discussed the proposed construction with Mr. <br />Henrich, and has made a written statement to the City stating no <br />objection to the plans, and indeed acknowledges that it is the <br />location of his dwelling which is the cause of the problem. <br />With regard to the assertion that hardcover variances would <br />be requested, this is pure speculation on the part of the staff. <br />The proposed plans are within the restrictions and the 75 to 250 <br />foot section of the lot. In the O to 75 foot segment there are <br />existing improvements which are non - conforming structures. <br />Applicant has indicated to staff, and is willing to stipulate <br />that if the present variance requests are approved, he will <br />relandscape the property in the 0 to 75 foot area, removing all <br />unnecessary hard cover and terracing the property to prevent any <br />surface water from running off and polluting the lake. <br />3. 'THE STAFF INDICATED THAT IN ITS OPINION GRANTING THIS <br />VARIANCE WILL "ULTIMATELY HAVE A NEGATIVE IMPACT ON THE CHARACTER <br />OF THE NEIGHBORHOOD AND THE CHARACTER OF THE QUALITY OF THE WATER <br />C. <br />