#10 - Chavez Variance - Laserfiche WebLink

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4 Though the report seems to suggest denial is somehow warranted because of the location of the house, the house location is in its only reasonable spot-as far away from the lake as can be done. Similarly, because the lot was created without road frontage and in a smaller size-variances are unavoidable here. The unique circumstances include that the City permitted creation of a lot and its subdivision at a time when it was lawful to do so and did not require, at that time, the provision of road frontage. Though today standards may be different, this is precisely the reason variances exist. V. Essential Character Of Locality Is Not Changed: The report claims that “this request directly conflicts with the bluff and shoreland regulations that were implemented to protect these sensitive areas.” If there were not some disparity-then we wouldn’t need a variance. The potential for conflicts with bluff and shoreland regulations which are adopted later are the very reason for the grant and issuance of a variance with reasonable conditions attached. They are not a reason for denial of it in the first place. If they were, then every variance would be denied since, by their terms, the request is not in compliance with bluff and shoreland regulations. The inquiry here is whether this modest house on an approved, subdivided lot would change the essential character of the locality. Development of the modest house on this lot will not change the essential character of the neighborhood. Land adjacent to it is being intensively developed for single family homes-in most or all cases-much larger, more conspicuous and on small lots. Other homes, docks and other structures have been built on the lake in these areas including with variances. Most other homes are much larger and more intensive than this discrete home. This lot is consistent with previous and future development on Sunfish Lake that maintains the essential character of the locality. The locality includes the land around the lake and the subdivisions north and east of it. As it relates to the lake—there are numerous houses that exist or were built or were expanded on lots like that and within bluff land and other setbacks. Simply put, historical creation and development of homes and outbuildings have been allowed extensively in this area. It will not change the essential character of the neighborhood in any way to use this lot for its intended purpose-development of a single- family lakeshore home. Finally, the need for cooperation and coordination with the adjacent development is not a reason to deny the variance—in fact it is typical that a city will compel the large,