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8. A strict interpretation of the Ordinance would be misapplied as the <br /> proposed deck would conform to the setbacks, thus decreasing the level <br /> of non-conformity. <br /> 9. The deviation from the Ordinance, with attached conditions, would still be <br /> in keeping with the spirit and intent of the Ordinance as the proposed deck <br /> will not be encroaching within any setbacks. <br /> 10.The Variance will not create a land use not permitted in the Shoreline <br /> Residential District. A deck is a permitted land use in the Shoreline <br /> Residential District. <br /> 11.The Variance will not alter the essential character of the locality as it <br /> replaces a deck of similar size but does so in a location outside of the <br /> setback. <br /> 12.Reasonable use of the property currently exists under the Ordinance as <br /> the subject property currently contains a single family dwelling and deck. <br /> There were no conditions attached to this approval. <br /> If you have any questions, please feel free to contact me. <br /> Sincerely, <br /> Dawn Bittner <br /> Zoning Administrator <br /> Cc: Charles Marohn, PE <br /> City Planner <br /> Planning Commission <br />