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LA18-000016 <br /> 3.19.18 <br /> Page 3 of 4 <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The slope of the property combined with <br /> the pre-existing improvements is a unique condition to the subject property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The subject property's specific slope is beginning to erode and <br /> stairs have become unsafe,creating conditions which do not apply to adjacent <br /> properties. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting a lake setback variance to allow <br /> the retaining walls within the 75-foot lake setback is reasonable and necessary to <br /> preserve the property rights of the owner and supported by the vulnerable lake yard <br /> slope on the property. <br /> 11. 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.Granting the <br /> lakeyard setback variance allowing the retaining walls within the 75-foot lake setback <br /> will not adversely impact health,safety,comfort or morals,or in any way be contrary <br /> to the ordinances. <br /> 12. 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 the lakeyard setback variance to permit <br /> the construction of the tiered retaining walls and in-kind replacement of the stairs <br /> within 75 feet of the OHWL. <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 Status <br /> The property is connected to sanitary sewer. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff is suggesting approval of the project with screening of all of the retaining walls be required <br /> to preserve the natural look of the shoreline when viewed from the lake. <br /> Public Comments <br /> To date,one comment against development in the lake yard in general has been received. <br /> Issues for Consideration <br /> 1. Has the applicant met the standards of practical difficulties to warrant a variance? <br /> 2. There are many variations of design to provide stair access to the lake. Has the <br />