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LA 18-000063 <br />July 16, 2018 <br />Page 3 of 4 <br />located. This condition is not applicable, as the use for a fence is an allowed use in the <br />LR -1A District. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling <br />as a two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The 75 foot lakeyard setback covers <br />majority of the property making the space peculiar. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The applicant has stated this to be true. There are no other known <br />situations where a residence abuts a commercially used residential property. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The applicant has stated this to be true. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. The fence will <br />create a separation from a property that is used for commercial use protecting the <br />safety, and comfort between the two properties. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. The applicant has stated this to be true. <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br />Practical Difficulties Statement <br />Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br />should be asked for additional testimony regarding the application. <br />Practical Difficulties Analysis <br />Staff finds there are some practical difficulties to support the request due to the location of the <br />75 foot lake yard setback covering majority of the side property where the fence is proposed. The <br />adjacent property is residentially zoned, but the large gravel lot in the street side of the building <br />is used for parking for much of the year, supporting the commercial marina to the north. The <br />main impact visually will be from back deck of 1440 Shoreline, the Commission could recommend <br />a 42 height limit in this area. <br />Public Comments <br />To date, no public comments have been received. <br />Issues for Consideration <br />The Planning Commission should discuss the proposed location and height of the <br />fence and discuss if it is reasonable. <br />The Planning Commission should discussion the intent of the fence setbacks to determine <br />if the proposed project is in harmony with the intent of the Ordinance. <br />Does the Planning Commission find that the variance(s), if granted, will not alter the <br />essential character of the neighborhood? <br />Planning Staff Recommendation <br />The Planning Commission should discuss the proposed questions provided by staff. If the Planning <br />