4.1. BASR 09-28-1999 - Laserfiche WebLink

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Memo to Board of Adjustments/V 99-12 September 28, 1999 Page 3 • The literal application of the ordinance would deprive the applicant rights enjoyed by other properties in the same district. Other houses in the area do not comply with the current shoreline setback requirement. The special conditions and circumstances are a not a consequence of the applicant's action or inaction. They are a result of the layout of the plat and the adoption of the shoreline ordinance after the plat was approved. The granting of this variance would not adversely affect the health safety or welfare of the residents. Shoreline Management Ordinance The Shoreline Ordinance was adopted after the applicant's property was platted. The purpose of the ordinance is to preserve and enhance the quality of surface waters, shorelines, and provide for the wise use of regulated land use. The continuation of existing residential land use and the associated accessory buildings can be considered wise use land use. According to the Shoreline Management Ordinance, when considering a variance request in shoreline areas, the Board shall also consider the • following: 1. Whether the property owner has reasonable use of the land without the variance; 2. whether the property is used seasonally or year-round; 3. whether the variance is being requested solely on the basis of economic considerations; and 4. the characteristics of development on adjacent properties. The applicant would not have reasonable use of the property without the granting of the variance. They would not be able to construct a house, which is what the property was originally platted for. The property will be used year round. The variance is not being requested solely on the basis of economic considerations. The variance will allow the applicant reasonable use of the property. • The proposed house would be in character with the surrounding properties. S:\PLANNING\S COTT\V99-12.D O C