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FILE#LA19-000010 <br /> 18 Mar 2019 <br /> Page 4 of 6 <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant states that the variance is <br /> necessary to preserve their right to improve their property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals; nor <br /> will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The application of the setback <br /> requirements in conjunction with lot's width and topography limit the options for <br /> locating a conforming building; the granting of the requested variance is necessary to <br /> alleviate a practical difficulty resulting from the location of the existing garage, the <br /> orientation and location of the neighboring homes, width of the property, the <br /> topography and access to the garage. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Applicable Regulation:Conditional Use Permit(Section 78-916) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br /> application and the evidence submitted,the city must find that the proposed use at the <br /> proposed location is or will be: <br /> 1) Consistent with the community management plan;The proposed use is residential in <br /> nature and residential use is consistent with the CMP guiding for this <br /> neighborhood. <br /> 2) Compliant with the zoning code, including any conditions imposed on specific uses as <br /> required by article V, division 3 of the City Code; The proposed detached garage <br /> improvement including the plumbing fixtures are compliant with the zoning <br /> ordinance. <br /> 3) Adequately served by police,fire, roads, and stormwater management;The proposed <br /> use will be adequately served by existing services and facilities. <br /> 4) Provided with an adequate water supply and sewage disposal system; The property <br /> is served by City sewer and water.Staff believes this criterion is met. <br /> 5) Not expected to generate excessive demand for public services at public cost; Staff <br /> believes this criterion is met. <br /> 6) Compatible with the surrounding area as the area is used both presently and as it is <br /> planned to be used in the future; The proposed detached garage with <br /> office/recreation space is residential in character and its use is expected to be <br /> compatible with the surrounding area. <br /> 7) Consistent with the character of the surrounding area, unless a change of character <br /> is called for in the community management plan; The detached garage with office <br /> and recreation space including plumbing is residential in visual character and is <br /> expected to be compatible with the surrounding area. <br />