03-08-2021 Council Packet - Laserfiche WebLink

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FILE #LA20-000074 16 Feb 2021 Page 5 of 5 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 variance 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 application of the average lakeshore setback on this property severely limits the options for expanding and/or improving the home on the lake side; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing hardcover exceeds permitted levels; the applicants’ proposed removals will result in a 47 square foot reduction. 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 Two supportive comment letters from the neighbors on either side have been received and are attached as Exhibit F. 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 Planning Staff recommends approval of an average lakeshore setback variance, and a hardcover variance with reductions as noted. Staff recommends denial of the two variances within the 75- foot setback. The deck should be reconfigured so that it does not encroach into the 75-foot setback. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Deck Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit I. Plat Map