01-22-2019 Planning Commission Packet

Home Browse Search

FILE#LA18-000099 22 Jan 2019 Page 4 of 5 channel character of the lake shoreline in question are unique conditions affecting the subject property and the immediately adjoining properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are unique conditions affecting the subject property and the immediately adjoining properties and are not common conditions of properties in the LR-1B district overall. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that the variance is necessary to preserve their right to improve their home and property. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the 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 application of the average lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline. 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 supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis The applicants' property fronts on a long channel and is somewhat disconnected from the lake. The configuration of the subject property along the end of the channel creates a unique situation regarding the view. The neighboring home to the south at 855 Forest Arms Lane is set back further on their property than the subject home. It has no lake view the applicants' property;their home is oriented to the south. The neighbor to the north at 825 Forest Arms Lane faces more directly west toward the channel rather than over the applicants' property. The properties along the lake side of Forest Arms Lane have deep lake yards and the homes are situated nearer to the street side of the properties. The depth of the lake yards combined with the curvature of the channel shoreline result in difficulty for the property owner in identifying a conforming location for improvements to their property. Additionally, there are mature trees separating the applicants' property from both of their neighbors which will likely screen most of the views of the improvements. Staff finds practical difficulties supporting the variances in the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel