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FILE#LA22-000029 <br /> 21 June 2022 <br /> Page 4 of 4 <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a i <br /> substantial property right of the applicant.The owner has indicated that the variance is <br /> necessary for the usability of the building and preservation of their property rights. <br /> However,although the property owner has a right to accessory buildings,the right does <br /> not necessarily extend to those that are designed to be taller than the home. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter. Granting of the <br /> requested variance would not impair health,safety,comfort or morals and would be in <br /> keeping with the intent of the zoning code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty.A variance for an accessory structure is <br /> almost, by definition,a convenience issue as the use of the property is established by the <br /> single family home. The relatively low height of the home on the property restricts options <br /> for accessory buildings.The home's age and height are unique for the immediate <br /> neighborhood. <br /> The Commission may recommend or Council may impose conditions in granting of variances.Any <br /> conditions imposed must be directly related to and must bear a rough proportionality to the impact <br /> created by the variance. No variance shall be granted or changed beyond the use permitted in this <br /> chapter in the district where such land is located. <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration • <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> As proposed the pole building appears to exceed the peak height of the existing home by <br /> approximately one foot(defined height exceeded by approximately 3 feet). Planning Staff recommends <br /> denial of the application. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Practical Difficulties Documentation Form <br /> Exhibit C. Proposed Site Plan <br /> Exhibit D. Proposed Plans and Elevations <br /> Exhibit E. Photos—Aerial +Street View <br /> Exhibit F. Property Owners List <br /> Exhibit G. Plat Map <br /> • <br />