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FILE#LA20-000022 <br /> 21 September 2020 <br /> Page 6 of 10 <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The substandard lot area and width of the <br /> Property is not uncommon in the surrounding neighborhood.The presence of the 1% <br /> annual chance floodplain on the property creates increased difficulties however, if the <br /> building pad is reduced it is possible the building can conform to the 75-foot setback <br /> limiting improvements toward the lake. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property to the east has a higher grade than the subject <br /> property.The two properties to the west have similar floodplain challenges. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting the requested variances will <br /> provide relief to the Owners regarding the lot size and floodplain on the property. <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. Granting the <br /> requested variances will not adversely impact health, safety,comfort, or morals; nor <br /> will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty.The size of the Property;the <br /> floodplain/topography create practical difficulties affecting the Property;the <br /> variances are necessary and not merely serve as a convenience to the owners. <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 /> Applicable Regulation: Conditional Use Permit(Section 78-91.6) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br /> application and the evidence submitted,the city must find that the proposed use at the <br /> proposed location is or will be: <br /> 1) Consistent with the community management plan; The proposed uses are <br /> consistent with the permitted uses for the Property, and are compliant with the <br /> zoning code and comprehensive plan. <br /> a. Plumbing within the accessory building:The bathroom within an accessory <br /> building is contemplated and permitted in the zoning code with the <br /> required protective covenants; and <br /> b. The proposed grading:The grading shown in order to elevate the home and <br /> portions of the property above the 1% annual chance floodplain is <br /> residential in nature and complies with the intent of the code. MCWD <br /> approvals are also required for the floodplain mitigation shown. <br /> 2) Compliant with the zoning code, including any conditions imposed on specific uses as <br /> required by article V, division 3 of the City Code; The detached garage where the <br /> bathroom will be located will be otherwise conforming in location, and height on <br /> the Property.The proposed grading is residential in nature which is consistent with <br /> the permitted uses for the Property. <br />