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Memo to Board of AdjustmentsN 00-4 <br /> November 14,2000 <br /> Page 4 <br /> Recommendation <br /> • <br /> Staff recommends the Board of Adjustment approve this variance request to <br /> allow a 132 foot shoreline setback based on the following findings: <br /> 1. The applicant's hardship is that the City allowed them to rebuild on the <br /> original foundation and the building permit issued in 1997 included a deck <br /> in the same location that is currently being proposed. The applicant feels <br /> they had a reasonable expectation that, even though the deck was not <br /> constructed at the same time as the house, they could build a deck at a <br /> future date as shown on the approved building permit. If they would have <br /> constructed the deck at the same time as the house, they would not be <br /> before the Board of Adjustment with this variance request. <br /> 2. The hardship is peculiar to this property in that no other properties in this <br /> area are in the same situation as this one, in that the house was destroyed <br /> and they were allowed to rebuild on the original foundation. <br /> 3. 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 <br /> the terms of this ordinance. It is not unusual, in fact it is quite common, for <br /> lakeshore homes to have decks facing the lake. <br /> • 4. 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 <br /> previous building permit issued by the City. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood where the <br /> property is located and will in keeping with spirit and intent of the <br /> ordinance. <br /> 6. The granting of the variance is needed for reasonable use of the property. <br /> 7. The variance is not being requested solely on the basis of economic <br /> considerations. <br /> 8. The proposed house would be in character with the surrounding <br /> properties. <br /> In order to ensure that the deck stays as unobtrusive as possible, staff would <br /> recommend that the variance include a condition that restricts enclosing the deck <br /> or conversion of the deck to a 3 or 4 season porch. <br /> i <br /> S:\PLANNING\S COTT\V004.DOC <br />