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FILE#LA19-000020 <br /> 15 April 2019 <br /> Page 4 of 5 <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The property's substandard size and width, <br /> create difficulties which also apply to many of the properties in the same neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's substandard size and width,create difficulties which <br /> also apply to many but not all of the properties in the same neighborhood. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting front and side yard setback <br /> variances and the driveway setback variance is necessary for the preservation of the <br /> property right of the applicant. <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 driveway setback, side yard,and front yard setback variances in this unique <br /> situation is not contrary to the intent of the zoning chapter. <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 variances for setback are necessary, <br /> and do not merely serve as a convenience to the applicant. <br /> The Commission may recommend or Council may impose conditions in granting of variances.Any <br /> 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 /> Practical Difficulties Statement <br /> Applicant has provided supporting documentation regarding the applicable Practical Difficulties <br /> attached as Exhibit B, and should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> The existing home, at the nonconforming setback, can legally be rebuilt in kind.Staff finds the lot <br /> width and size, and existing home setbacks are practical difficulties preventing an upward <br /> expansion of the home or a logical additions to the home. The flexibility afforded by the Zoning <br /> code from the side and front yard setbacks do not eliminate the need for variances for this project. <br /> Engineer Comments <br /> The City's Engineer provided comments, attached as Exhibit H. <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 />