04-09-2018 Council Packet - Laserfiche WebLink

Home Browse Search

F - i L-18 000015 11 IMar _018 i ,age _ i o _5 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variance will provide relief to the applicant regarding the lot shape and existing conditions of property. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the 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 shape and orientation of the Property create practical difficulties affecting the Property; the variance is necessary and not merely serve as a convenience to the owners. 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. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist due to the property's unique shape and size. The existing detached garage can be legally reconstructed in the same footprint and location. While it doesn't exist currently, the assumed hardcover serving the existing garage could be constructed at any time by the property owner. The permitting requirements apply if the project results in over 50 cubic yards of disturbance. Therefore the applicant's argument regarding the use of the total assumed hardcover as "existing" hardcover level may be reasonable. Please review the applicant's hardcover analysis in Exhibit B. Their proposal includes maintenance of the hardcover at or below the existing plus assumed driveway hardcover level of 28%; correcting a setback encroachment by constructing a new, larger garage closer to the existing driveway. Staff supports the variance. Public Comments Public comments have been received and area attached as Exhibit H. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application?