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a. The side yard or side street setbacks to the water's edge shall be <br /> two feet plus the required side yard or side street structure setback. <br /> Comments: Provides (7.5') on the east side of the property. <br /> Variance requested. <br /> b. The rear yard setback shall be seven feet from the water's edge to <br /> rear lot line. <br /> Comments: Provides seven feet. Complies. <br /> c. The setback from any building foundation shall be five feet unless <br /> both the design and construction as approved by the Zoning, <br /> Planning and Building Director is safe and will not possibly result in <br /> a weakening of or damage to the building foundation. In no event <br /> shall said pool or spa be closer than 18 inches to any wall or any <br /> enclosure. <br /> Comments: Provides 18 inches. Complies. <br /> 3. 265-15. —Variance. <br /> 265-15. G. Standards of review. <br /> A variance shall be granted only where competent and substantial evidence presented <br /> in the particular case shows that all of the following are met: <br /> (1) Special conditions and circumstances exist which are peculiar to the land, structure, <br /> or building involved and which are not applicable to other lands, structures or buildings <br /> in the same zoning district; <br /> (2) The special conditions and circumstances do not result from the actions of the <br /> petitioner; <br /> (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights <br /> commonly enjoyed by other properties in the same zoning district under the terms of <br /> this chapter and works unnecessary and undue hardship on the applicant; <br /> (4) The alleged hardship is not economic and has not been deliberately created to <br /> establish a use or structure, which is not otherwise consistent with the LDRs. <br /> (5) Granting of the variance requested conveys the same treatment to the individual <br /> owner as to the owner of other lands, buildings or structures in the same zoning district; <br /> (6) The variance, if granted, is the minimum variance that makes possible the <br /> reasonable use of the land, building or structure; and <br /> (7) The grant of the variance is in harmony with the general intent and purpose of these <br /> LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety <br /> PZ2021-03 5 <br />