05-21-2018 Planning Commission Packet

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FILE #LA18-000039 21 May 2018 Page 4 of 5 that other developed similar -sized lots are afforded, a variance to lot area and width is required. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to be developed, nor will it be permitted the 35% hardcover level that neighboring similar -sized lots are allowed. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size and width of the property, as well as the corner lot configuration create practical difficulties affecting the subject property; the variances are necessary and will not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided the Practical Difficulties Documentation attached as Exhibit B, and may be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there are demonstrable practical difficulties supporting the lot area and lot width variance to develop the property. Engineer Comments The City's engineer has reviewed the proposed plan and has identified no issues of concern. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application?