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02-11-2019 Council Packet
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02-11-2019 Council Packet
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FILE #LA18-000099 <br />22 Jan 2019 <br />Page 4 of 5 <br />channel character of the lake shoreline in question are unique conditions affecting the <br />subject property and the immediately adjoining properties. <br />9.The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The location of the existing home, the orientation and location of <br />the neighboring homes, the depth of the lake yard, and the channel character of the <br />lake shoreline in question are unique conditions affecting the subject property and the <br />immediately adjoining properties and are not common conditions of properties in the <br />LR-1B district overall. <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 home and 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 average <br />lakeshore setback severely limits the options for improving the property/home; the <br />granting of the requested variance is necessary to alleviate a practical difficulty <br />resulting from the location of the existing home, the orientation and location of the <br />neighboring homes, the depth of the lake yard, and the channel character of the lake <br />shoreline. <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 />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 applicants’ property fronts on a long channel and is somewhat disconnected from the lake. <br />The configuration of the subject property along the end of the channel creates a unique situation <br />regarding the view. The neighboring home to the south at 855 Forest Arms Lane is set back further <br />on their property than the subject home. It has no lake view the applicants’ property; their home <br />is oriented to the south. The neighbor to the north at 825 Forest Arms Lane faces more directly <br />west toward the channel rather than over the applicants’ property. The properties along the lake <br />side of Forest Arms Lane have deep lake yards and the homes are situated nearer to the street <br />side of the properties. The depth of the lake yards combined with the curvature of the channel <br />shoreline result in difficulty for the property owner in identifying a conforming location for <br />improvements to their property. Additionally, there are mature trees separating the applicants’ <br />property from both of their neighbors which will likely screen most of the views of the <br />improvements. <br />Staff finds practical difficulties supporting the variances in the location of the existing home, the <br />orientation and location of the neighboring homes, the depth of the lake yard, and the channel
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