03-14-2022 Council Packet - Laserfiche WebLink

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FILE # LA22-000007 22 Feb 2022 Page 4 of 4 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The area and width of the property within the RR-1A zoning district is unique to the property and to the immediate neighbors which supports the requested variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The substandard size of the property is unique within the 5-acre rural residential zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Lot area and lot width variances are necessary for the preservation of the owners’ property right; granting the requested setback variances provides a reasonable buildable area on the substandard 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning 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 relatively narrow lot within the RR-1A district results in limited building areas for construction of a single family home on the high portion of the site. The property’s size is unique for the RR-1A zoning district. Granting the requested variances is necessary. 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 To date, no public comments have been received. 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 the variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Wetland Delineation Information Exhibit F. Property Owners List Exhibit G. Plat Map