11-18-2019 Planning Commission Packet

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LA19-000089 November 18,2019 Page 3 of 3 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The size of the lot within the LR-1A zoning district is unique for the requested rear yard setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The size of the lot and its locations as it pertains to the existing zoning district 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. Deck stairs are a relative minor improvement but important to the use of the deck andf yard. 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 of the requested variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning 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 application has stated the shallow lot has setback challenges.The property is unique in size for this zoning district. 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 is inherent practical difficulties with the small lot on the LR-1A, 2 acre zone. The applicant has stated the deck stairs are necessary for the enjoyment of their property without stairs to the deck. The Commission should discuss whether the rear yard setback encourages development out of character with the neighborhood. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey and Setback Map Exhibit D. Proposed Plans and Elevations Exhibit E. Photos Exhibit F. Property Owners List and Map