02-10-2020 Council Packet - Laserfiche WebLink

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FILE #LA19-0000105 21 Jan 2020 Page 4 of 5 land is located. This condition is not applicable, as a residential accessory building is an allowed use in the LR -1A District. 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 proximity of the existing sauna building to the lake is an existing condition which is unique 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 location and existence of the lake yard accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other properties with lake yard accessory buildings and boathouses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The sauna building is allowed to be maintained and replaced in kind. Expansion of an existing non -conforming structure is not a right, however the building will only be expanded in order meet floodplain minimum low floor regulations. 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; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into, and out of the property. 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 asserts that the variances are necessary for safety and will 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. Practical Difficulties Analysis: Staff finds the applicant's request for variances to allow the minimum building adjustment, an upward expansion, necessary to conform to the floodplain and shoreland low floor elevations is reasonable. The variances are supported by the practical difficulties resulting from the existing building location on the property, as well as the existing elevations of the floor and ceiling. Public Comments To date, no public comments have been received. Issues for Consideration 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? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)?