01-18-2022 Planning Commission Packet

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FILE#LA21-000077 18 Jan 2022 Page 5 of 7 • 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant indicates that granting the hardcover variances are necessary for their proposed use of the property. However the applicant does not have a specific property right as it is owned by the City.The variances would serve as a convenience to the applicant. 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 hardcover variances to permit hardcover within the lake setback is not likely to impair health,safety, and comfort of the public. However granting the variances in this circumstance is 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. Practical difficulties have not been met to justify supporting the requested variances.The granting of the variances would serve as a convenience. This criterion is not met. 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 following CUP analysis assumes approval of the proposed text amendment to include a "rowing club" as a permitted conditional use. • The Planning Commission may recommend and the Council may grant a 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; A rowing club use in the LR-1A zoning district is consistent with the CMP and the use of the City park.This criterion is met. 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 rowing club use is listed as a permitted conditional use in the LR-1A district.This criterion is met. 3) Adequately served by police,fire, roads, and stormwater management; This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; Upon construction of the boathouse the property will be served by City sewer;a water supply well will be installed.This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; The use will not generate an excessive demand on public services.This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; A rowing club use and boathouse building are proposed at the City's park.The proposed use will be compatible with the surrounding area.This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; No change of character is called for,the use is compatible with the surrounding area.This criterion is met. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan;The applicant is • proposing a building which will be compatible with the character of the area and the park.The minimal lighting and signage will not adversely impact the character. This criterion is met.