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FILE#LA19-000011 <br /> 18 March 2019 <br /> Page 5 of 6 <br /> The variance process allows for reasonable development of properties that are unique and that <br /> can demonstrate a practical difficulty. <br /> Engineer Comments <br /> The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at <br /> the time of building permit. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Staff does not support the variance reducing the rear yard setback from 7.4 feet to 0.1 feet. In <br /> staff's view, the burden of proof to present practical difficulties to support that level of variance <br /> has not been met. <br /> If the Planning Commission supports a variance, staff adds the following to the record: The <br /> proposed setback of 1.2 inches does not account for the need of the homeowner access around <br /> the home for maintenance without trespassing on the HCRRA property. <br /> Please read the comments from the City Engineer, Building Official and Ms. Galatz from HCRRA <br /> which are included. The HCRRA representative provided comments and has indicated that a <br /> permit is required for the grading shown on the HCRRA property. She has also indicated that <br /> removal/relocation of the applicant's existing shed which encroaches on the HCRRA property may <br /> alleviate their concerns about further encroachments should the variance be approved. <br /> Relocation of the shed to a location within the property boundaries would likely require setback <br /> and hardcover variances.The planning commission should discuss this shed with the applicant. <br /> According to Building Official Roger Peitso's comments,adjustments to the building plans may be <br /> necessary if the planning commission finds justification for variance approval. Specifically, <br /> adjustments to the roof, eaves,gutters, and foundation. <br /> Staff recommends the building plans be adjusted to meet the requirements outlined by the <br /> Building Official. Staff finds the hardcover variance request to be reasonable considering the <br /> practical difficulties affecting the property. The planning commission should review the plans <br /> and evaluate the practical difficulty criteria regarding the rear yard setback and make a <br /> recommendation regarding the setback variance. <br /> List of Exhibits <br /> Exhibit A. Application Summary& Narrative <br /> Exhibit B. Practical Difficulties Documentation Form <br />