01-22-2019 Planning Commission Packet

Home Browse Search

LA18-000091 1.22.2019 Page 4 of 4 the drainage and utility easement. Four other properties, in addition to this property all had A/C units installed in nonconforming locations. The four other properties were able to move the A/C unit to meet City Code. This property has an opportunity to move the A/C unit to the rear yard of the property to meet City Code. Granting this variance would serve as a convenience and the submitted request does not meet the standards for granting a variance. Engineer Comments Then encroachment into the easement should not be permitted unless there is some hardship. As the AC could be moved to the rear of the building there does not appear to be a hardship. If Council was to allow the encroachment and encroachment agreement should be required. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty? 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? Planning Commission options for consideration The Planning Commission may consider the following alternative motions: 1. Motion to recommend denial the variance request and have the applicant move the A/C unit to a conforming location. 2. Motion to recommend approval of the request contingent on an executed encroachment agreement 3. Motion to recommend approval of the request contingent on the executed encroachment agreement and moving the A/C unit to the west side of the property. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey/Site Plan Exhibit D. Site Pictures Exhibit E. Map of other A/C unit violations, but able to move to conforming locations. Exhibit F. Property Owners List and Map