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FILE #LA19-000010 <br />18 Mar 2019 <br />Page 4 of 6 <br /> <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 /> <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 /> <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.