04-24-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3917 20 Mar 2017 Page 5 of 6 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 shape and size of the lot as well as its orientation along the curve of North Shore Drive create a unique circumstance which is peculiar to the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The shape and size of the lot as well as its orientation along the curve of North Shore Drive create a unique circumstance which is peculiar to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this condition to be true. 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 size and shape of the Property; its position along the curve of North Shore Drive and location of the adjacent home to the west create practical difficulties affecting the Property; the variances are necessary and do 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. Septic System Status The property is served by City sewer. 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 that there are practical difficulties inherent to the lot shape, size, location on both the shoreline, and North Shore Drive which support the granting of reasonable variances. Engineer Comments The City Engineer has reviewed the proposed plans and provided comments, attached as Exhibit H. Public Comments Comments from a neighbor were submitted, please see Exhibit K. 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?