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PL PACKET 11262018
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PL PACKET 11262018
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11/27/2018 3:34:48 PM
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11/21/2018 9:29:18 AM
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November 26, 2018 <br />Page 3 <br /> <br /> <br />2. Strict enforcement would cause practical difficulties because: <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the zoning code; <br />Accessory Building: The applicant is proposing to add a 150 square foot accessory <br />building to the rear yard. The request is reasonable and there are other such buildings <br />along the lake. Criterion met. <br />Swimming Pool with support mechanical equipment: The applicant is proposing to add <br />a 963 square foot pool with concrete deck and a 28 square foot concrete pad for pool <br />mechanical equipment in the rear yard. There are two other swimming pools in rear <br />yards along the lake. Both were approved prior to establishment of the R‐1A lakeshore <br />zoning designation. Criterion not met. <br />b. The plight of the property owner is due to circumstances unique to the property not <br />created by the property owner; <br />Accessory Building. The topography of the property creates a practical difficulty in the <br />reasonable enjoyment of the lake. Criterion met. <br />Swimming Pool. The owner has not created the need for a variance. Criterion met. <br />c. The variance, if granted, will not alter the essential character of the locality; and <br />Accessory Building. Granting this variance will not alter the essential character of the <br />locality. Criterion met. <br />Swimming Pool. The lakeshore zoning district was adopted in 1991 and set express <br />limitations on swimming pools. The zoning designation sets the standard for the <br />essential character for this area of the City. Criterion not met. <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />Accessory Building. The applicant’s request is not related to any financial considerations <br />and granting the variance would not relieve the applicant of any financial hardship. <br />Criterion met. <br />Swimming Pool. The applicant’s request is not related to any financial considerations <br />and granting the variance would not relieve the applicant of any financial hardship. <br />Criterion met. <br />3. The variance, if granted, would be consistent with the City’s comprehensive land use plan. <br />If the variance is granted the use of the property would remain the same land use as it is today, <br />low‐density residential. The comprehensive plan guides this area detached housing units and <br />granting this variance request will not alter that land use. Criterion met for the accessory <br />building and for the swimming pool/mechanical equipment. <br />4. The granting of the variance is in harmony with the general purposes and intent of the zoning <br />code. <br />The intent of the zoning code is to protect the health, safety, and general welfare of the city and <br />its people through the establishment of minimum regulations governing land development and <br />use. The zoning code is established to: protect the use districts; promote orderly development <br />and redevelopment; provide adequate light, air, and access to property; prevent congestion in <br />the public streets; prevent overcrowding of land and undue concentration of structures by
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