12-11-2017 Council Packet - Laserfiche WebLink

Home Browse Search

FILE # 17-3981 11/20/2017 Page 5 of 6 The Commission should discuss whether the applicant has satisfied the practical difficulty requirements to support the variance from the average lakeshore setback. 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 applicant has stated additional living space will alleviate a practical difficulty relating to the existing space within the home on the property. The property is unique in size as well as location between Crystal Bay Road and a regional trail. 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 This site has sanitary 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 the setback limitations on the property create practical difficulties in identifying viable expansion opportunities. The applicant has provided a relatively low impact solution to the stated living space challenges which does not result in an expansion of structural coverage or of hardcover. The affected neighbor's views of the lake are not currently impacted by the applicant's property because it is set back behind the neighbors homes; and they will likely not have views of the lake impacted bythe applicant's proposed upper addition, front stoop and deck. The applicant has very options for expansion or addition to the home of the property. While the expanded deck does not seem to impact the neighbors or their views, staff feels the average lakeshore setback variance request for the expanded deck is lacking practical difficulties for staff to recommend approval. Engineer Comments The engineer will complete his review with the building permit. Public Comments To date, no public comments have been received. 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