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05-13-2019 Council Packet
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05-13-2019 Council Packet
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FILE #LA19-000013 <br />15 April 2019 <br />Page 4 of 4 <br /> <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. The proposed <br />changes to the existing decks will not impair the health, safety, comfort or morals of <br />the public. This criterion is met. <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. This statement is true. <br /> <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 /> <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 /> <br />Practical Difficulties Analysis <br />Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties <br />supporting granting the average lakeshore setback variance for the changes to the lakeside deck <br />in conjunction with a near in-kind replacement. The applicant’s desire to utilize the existing <br />footprint in a slightly more functional footprint orientation is reasonable. <br /> <br />Public Comments <br />To date, no public comments have been received. <br /> <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 /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval. <br /> <br />List of Exhibits <br />Exhibit A. Application Summary <br />Exhibit B. Practical Difficulties Documentation Form <br />Exhibit C. Existing Survey <br />Exhibit D. Aerial Photos <br />Exhibit E. Proposed Plans <br />Exhibit F. Site Photos <br />Exhibit G. Submitted Hardcover Calculations <br />Exhibit H. Property Owners List <br />Exhibit I. Plat Map <br />
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