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FILE#LA21-000069 <br /> 15 November 2021 <br /> Page 5 of 6 <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 /> Building Official Construction Comments: <br /> Fire Separation: Because the property is adjoining the public right-of-way, the measurement of <br /> for fire separation would be measured from the structure of overhang to the centerline of the <br /> public right-of-way. In this case, it looks to be well past the 5-foot required separation. <br /> Feasibility of constructing the addition without impacting the portions of the structure in the <br /> right-of-way: In response to the question regarding removal of portions of the existing structure <br /> up to/over the property line, we believe it is structurally possible to remove the portion of the <br /> structure up to the property line and build new. It will need the stamp of a Professional Engineer <br /> as this modification will be beyond what we can determine in the code for structural stability. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. There are a number of non-building improvements within the right-of-way. Should the <br /> City require an encroachment agreement to address those improvements or require their <br /> removal? <br /> 2. 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 /> 3. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 4. 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 /> 5. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> The Planning Commission should discuss the existing footprint and perpetuation of the <br /> encroachment on to City right-of-way with this major renovation. Is this an opportunity to require <br /> the portions of the home within the right-of-way to be removed as part of this project? <br /> Planning Staff recommends denial of the application as proposed. Staff suggests the applicant <br /> redesign the project to achieve a minimum of 10 foot setback from the front property line for the <br /> 2nd story. The existing portions of the home within the right-of-way cannot be removed and/or <br /> rebuilt. Once removed,this portion of the home cannot be rebuilt.The new construction must be <br /> connected inside the property boundary. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation Form <br /> Exhibit C. Proposed Survey—Annotated by Staff <br /> Exhibit D. Proposed Plans and Elevations—Annotated by Staff <br /> • Exhibit E. Submitted Hardcover Calculations <br />