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FILE #17-3909 March 20. 2017 Page 4 of 4 6. 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 have the 30% hardcover that neighboring similar -sized lots are allowed. 7 The granting of the proposed variances 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 area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to be further developed under the same hardcover and structural coverage allowances as other similar -sized developed lots in the neighborhood. The Commission may recommend and the 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. Analysis: Lot Area and Width Variances The neighborhood consists of single family homes located on individual lots as well as combinations of lots. The applicant's property had contained a single family residence for many decades before it was recently replaced with a new home. The ability to have the same type of hardcover amenities as other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Practical Difficulties Statement Applicant has submitted a Practical Difficulties Documentation Form attached as Exhibit D, and should be asked for additional testimony regarding the application. Neighbor Comments The City has received no comments as of this writing. 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 variances, if granted, will not alter the essential character of the neighborhood? 3. If the Planning Commission concludes that the variances as requested are justified, does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the granting of the variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the requested lot area and lot width variances. If Planning Commission determines that the practical difficulties test is met for the area and width variances, then a recommendation for approval would be in order, subject to the following condition: 1. Applicant shall adhere to the required setbacks and 30% hardcover limitation with regards to any additional structures and hardcover proposed for the property.