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3. Additions or alterations shall not proceed water ward with the exception of <br /> decks as specified in Section 25.060 of this Ordinance; <br /> 4. The height of the proposed addition, or completed structure, shall not exceed <br /> the height of the existing structure by more than four feet. <br /> 5. No additions shall be allowed to nonconforming accessory structures. <br /> 6. Any addition or alteration to the outside dimension of a nonconforming <br /> structure that cannot meet these provisions must be authorized by a variance <br /> pursuant to Article V of this Ordinance; and <br /> 7. All other provisions of this Ordinance are complied with. <br /> The Ordinance specifically states that, in order to recommend approval of the variance, <br /> you must find that all of the following can be answered affirmatively: <br /> 1. Has the applicant demonstrated a hardship? (Hardship means the property <br /> cannot be put to a reasonable use under conditions allowed by the Zoning <br /> Ordinance. Economic considerations alone do not constitute a hardship.) <br /> 2. Are there exceptional circumstances unique to this property, which were not <br /> created by the landowner? <br /> 3. Can the variance be granted without upsetting the purpose and intent of the <br /> Zoning Ordinance? <br /> 4. Can the variance be granted without altering the essential character of the <br /> surrounding area? <br /> You would be allowed to attach relevant conditions to the variance approval to mitigate <br /> any negative impacts that a variance from the Code would have. <br /> Staff Findings: We have reviewed the application and propose the following findings of <br /> fact for you to consider: <br /> 1. The property meets the minimum lot size requirement of 20,000 square feet; <br /> however, the 75' OHW setback on three sides greatly reduces the building <br /> envelope to an area less than 7,052 square feet (the build-able area footprint <br /> decreases along the eastern end of the lot due to the configuration of the <br /> parcel), which creates a hardship. There is no other area on the property that <br /> the Hirscheys can place the drain field without encroaching on the OHW <br /> setback or being too close to the deep well on their property, which would <br /> have greater environmental implications than placing it within the side-yard <br /> setback. <br /> 2. The applicants wish to protect trees along the lakeshore to the north, west and <br /> south of the existing cabin, and the proposed placement of the drain field <br /> reduces the amount of tree removal necessary, which is consistent with the <br /> intent and purpose of the Ordinance. <br /> 3. The proposed plan maintains or exceeds all other setback and impervious <br /> coverage requirements. <br /> 4. The applicant's proposal comes closer to meeting the intent of the Ordinance, <br /> which is to maintain the lake setback and protect lake water quality, than any <br /> other placement alternative or options available under the Ordinance. <br /> January 2004 Staff Report Page 7 <br />