02-11-2019 Council Packet - Laserfiche WebLink

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FILE #LA18-000102 22 Jan 19 Page 5 of 7 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot area, lot width, and average setback standards applying to this property are similar to those of other properties in the neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; however, due to the shape of the property as well as the setbacks, the applicants’ hardcover variance requested may permit similar development of the property that other similar-sized lots in the neighborhood are afforded, a variance to lot area and width is required. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to be developed. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size, shape, and width of the property, as well as the configuration create practical difficulties affecting the subject property; the variances are necessary and will not merely serve as a convenience to the owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Interim Use Permit (Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted, the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2) The use is allowed as an interim use in the applicable zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this