03-08-2021 Council Packet - Laserfiche WebLink

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FILE # LA21-000007 16 Feb 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. Granting setback variances to permit the rooftop railings is necessary for the preservation of the property right of the owner. The improvements will be on top of, and set inside the boundaries of the existing home and will not increase any setback nonconformities. The setback variances facilitate creation of additional outdoor living space within the property and preserve the property rights of the owner. 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 setback variances for the rooftop railing in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The use of the property has been established with the house. The expansion of corresponding improvements may be considered a convenience to the applicants. 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 variances. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Signed Neighbor Acknowledgement forms have been received. No public comments. 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 variances? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the setback variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey Exhibit D. Railing Detail & Layout Exhibit E. Proposed Plans and Elevations for House remodel Exhibit F. Photos of House Before Renovations Exhibit G. Neighbor Acknowledgments Exhibit H. Property Owners List Exhibit I. Plat Map