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Resolution 2001- 48 <br />Page 2 <br />While insufficient space to construct a pool is not a hardship by itself, the increased <br />setback requirement from the lake does cause a hardship for this property. Further, <br />upon learning of the setback requirement, the applicant relocated the proposed pool to <br />increase the setback from the lake. <br />c. The granting of the variance would be in keeping with the spirit and intent of the <br />ordinance. <br />The purpose of the setback from the lake is to keep open space between the home and <br />the lake to promote infiltration and natural buffers, as well as to reduce the visual <br />impacts of structures as viewed from the lake. Because the proposed swimming pool <br />would be in -ground, there would not be any visual impacts. Further, the shoreline is <br />heavily vegetated and cattails extend a significant distance out into the lake. As such, <br />the pool would not be visible from the open water area of the lake. <br />Approximately half of the proposed swimming pool would encroach into the require <br />setback. As such, the pool would not result in a significant amount of impervious <br />surface within the shoreland setback. <br />d. The property can not be put to reasonable use without the granting of the <br />variance. <br />The property is planned and zoned for residential use. Recreational and leisure <br />equipment/improvements, such as pools, children's play structures, storage sheds, <br />decks, gazebos, and other similar items are common in the back yards of many <br />residential properties. <br />e. The variance, if granted, would not alter the essential character of the locality in <br />which it would be located. <br />The in -ground pool would not alter the character of this residential neighborhood. <br />f. The variance, if granted shall not have the effect of allowing, in any district, any <br />use prohibited in the district. <br />Swimming pools are allowed in the residential zoning district. <br />g. The variance, if granted, shall not permit a lower degree of flood protection than <br />required by the ordinance. <br />The proposed addition would not be within a designated floodplain. <br />h. The sewage treatment system and water system of the subject property is in <br />compliance with city and state codes. <br />