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FILE #17-3940 15 May 2017 Page 5 of 6 lake, the lot width narrowing from the lake toward the road, as well as the nonconforming location of the garage on the lot make this property unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Options for a conforming connection to the existing garage are severely limited on the property. Staff finds the defined height and setback variances for the house are necessary to preserve the property right of the applicants. The requested hardcover variance and the additional encroachment proposed for the tiered deck are not necessary for the preservation of a property right. 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 defined height and setback variances for the home will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. The requested hardcover variance and the setback variance to permit a 2 foot setback for the tiered decks is contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The lot width; the location, height, and size of the existing garage to be connected to; as well as site topography, create practical difficulties affecting the Property. The setback and defined height variances for the home are necessary and will not merely serve as a convenience to the applicants. The requested hardcover variance and the setback variance to permit a 2 foot setback for the tiered decks are not supported. 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 There are numerous practical difficulties inherent to the property supporting the setback variances to connect a new home to the existing garage such as the drainage, topography, the location of the neighboring homes, the way the lot narrows as it goes from the lake to the road restricting the buildable area to approximately 20 feet in width at the narrowest (and 21 feet where it connects to the garage), and the location the garage to be connected. Staff supports the setback variances to connect the home to the garage. Staff further suggests denial of the additional setback for the tiered deck and hardcover exceeding 25%. The decks should be reduced to match the 5 foot setback of the house; this will also reduce hardcover by at least 67 square feet. Further staff supports the variance to the defined height. Engineer Comments The City's engineer has preliminarily reviewed the plans. He did not identify any concerns. He will