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Memo to Board of AdjustmentsN 00-4 <br /> November 14,2000 <br /> Page 3 <br /> • The literal application of the provisions of this ordinance would deprive the <br /> petitioner of rights enjoyed by other properties in the same district under the <br /> terms of this ordinance. It is not unusual, in fact it is quite common, for lakeshore <br /> homes to have decks facing the lake. <br /> The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. It is a consequence of relying on a previous <br /> building permit issued by the City. <br /> The variance will not be injurious to or adversely affect the health, safety or <br /> welfare of the residents of the City or the neighborhood where the property is <br /> located and will in keeping with spirit and intent of the ordinance. <br /> Shoreline Management Ordinance <br /> The purpose of the ordinance is to preserve and enhance the quality of surface <br /> waters, shorelines, and provide for the wise use of regulated land use. The <br /> continuation of existing residential land use and the construction of an attached <br /> deck can be considered wise use land use. <br /> According to the Shoreline Management Ordinance, when considering a variance <br /> request in shoreline areas, the Board shall also consider the following: <br /> • 1. Whether the property owner has reasonable use of the land without the <br /> variance; <br /> 2. whether the property is used seasonally or year-round; <br /> 3. whether the variance is being requested solely on the basis of economic <br /> considerations; and <br /> 4. the characteristics of development on adjacent properties. <br /> The applicant would not have reasonable use of the property without the granting <br /> of the variance. They would not be able to construct a deck as shown on their <br /> approved building plans. <br /> The property will be used year round. <br /> The variance is not being requested solely on the basis of economic <br /> considerations. The variance will allow the applicant reasonable use of the <br /> property. <br /> The proposed deck would be in character with the surrounding properties. <br /> • <br /> S:\PLANNING\S COTT\V004.DOC <br />