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FILE #LA20-000022 21 September 2020 Page 6 of 10 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot area and width of the Property is not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the property creates increased difficulties however, if the building pad is reduced it is possible the building can conform to the 75-foot setback limiting improvements toward the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property to the east has a higher grade than the subject property. The two properties to the west have similar floodplain challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variances will provide relief to the Owners regarding the lot size and floodplain on the property. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size of the Property; the floodplain/topography create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. 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. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed uses are consistent with the permitted uses for the Property, and are compliant with the zoning code and comprehensive plan. a. Plumbing within the accessory building: The bathroom within an accessory building is contemplated and permitted in the zoning code with the required protective covenants; and b. The proposed grading: The grading shown in order to elevate the home and portions of the property above the 1% annual chance floodplain is residential in nature and complies with the intent of the code. MCWD approvals are also required for the floodplain mitigation shown. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The detached garage where the bathroom will be located will be otherwise conforming in location, and height on the Property. The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 196 196