06-21-2021 Planning Commission Packet

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FILE#LA21-000044 21 June 2021 Page 4 of 4 10. The granting of the application is necessary for the preservation and enjoyment of a • substantial property right of the applicant. In the opinion of staff,the property rights of the owner will be diminished if the lot area and lot width variances are not granted,as the new residence would not be able to have the 30%hardcover that neighboring similar-sized lots are allowed. 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 area and width variances would not impair health,safety,comfort or morals and would not be contrary 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. In the opinion of staff,granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the property to be further developed under the same hardcover and structural coverage allowances as other similar-sized developed lots in the neighborhood. 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. Public Comments The owners on either side of the subject property have signed the acknowledgement form. Issues for Consideration • 1. 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? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the requested lot area and lot width variances. If Planning Commission determines that the practical difficulties test is met for the area and width variances,then a recommendation for approval would be in order. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey/Site Plan Exhibit D. House Plans Exhibit E. Submitted Hardcover Calculations Exhibit F. Plat:Winship's Subdivision of Spring Park Lots Exhibit G. Property Owners List Exhibit H. Plat Map •