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FILE#LA21-000007 <br /> 16 Feb 2021 <br /> Page 4 of 4 <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting setback variances to permit the <br /> rooftop railings is necessary for the preservation of the property right of the owner. <br /> The improvements will be on top of,and set inside the boundaries of the existing <br /> home and will not increase any setback nonconformities.The setback variances <br /> facilitate creation of additional outdoor living space within the property and preserve <br /> the property rights of the owner. <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 /> setback variances for the rooftop railing in this unique situation is not contrary to the <br /> intent of the zoning chapter. <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 use of the property has been <br /> established with the house. The expansion of corresponding improvements may be <br /> considered a convenience to the applicants. <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 variances. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Public Comments <br /> Signed Neighbor Acknowledgement forms have been received. No public comments. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variances, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variances? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the setback variances. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation Form <br /> Exhibit C. Survey <br /> Exhibit D. Railing Detail& Layout <br /> Exhibit E. Proposed Plans and Elevations for House remodel <br /> Exhibit F. Photos of House Before Renovations <br /> Exhibit G. Neighbor Acknowledgments <br /> Exhibit H. Property Owners List <br /> Exhibit I. Plat Map <br />