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FILE#LA1-000041 <br /> 21 June 2021 <br /> Page 4 of 5 <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 property's unique and substandard size <br /> and does apply to many of the properties in the same neighborhood as the plat of <br /> Foxhill was created in 1965 and pre-dates the establishment of the LR-1A zoning district. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The buildable area impacts of the wetland and road encroachment <br /> are difficulties unique to this property. <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 setback variance to permit the <br /> garage addition is necessary for the preservation of the property right of the owner. <br /> The improvements will not be substantially visible when viewed from off the property <br /> or from the Luce Line Trail.The setback variances facilitate creation of additional <br /> storage space within the property and preserve 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 variance for the addition in this situation is not contrary to the intent of the <br /> zoning chapter. <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 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 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 /> Public Comments <br /> The applicant has reached out to neighbors;to date, no public comments have been received. <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 variance(s), 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 variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the requested variance to allow the one-story expansion <br /> of the garage as proposed.Staff further suggests the Commission review the existing storage shed <br /> located on the northwest lot line,and consider requiring removal or relocation of the shed as it is <br /> approximately one foot from the property line where a 15-foot accessory building setback is <br /> required as a condition of variance approval. <br />