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LA22-000028 <br /> June 21 2022 <br /> Page 6 of 7 <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting a lot area,side yard and lake setback <br /> variances are necessary for the preservation of the property right of the application. <br /> The retaining walls and hardcover in the lakeyard variances facilitate the use of the <br /> property for the new home and are necessary for the preservation of the property.The <br /> wetland buffer setback variance for the new entrance monuments are not necessary <br /> for the enjoyment and use of the property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances in this unique situation is not contrary to the intent of the zoning <br /> chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty.The variances do not merely serve as a <br /> convenience to the applicant. The variances are necessary as the property has <br /> considerable practical difficulties affecting development. <br /> The wetland buffer setback for entrance monuments are accessory structures to the <br /> principle building and granting this variance is a convenience and not necessary for the <br /> use of the property. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> A review of the new home will be completed when a building permit is submitted. <br /> Public Comments <br /> The applicant submitted two neighbor signatures for the project. It is included as Exhibit G. <br /> Issues for Consideration <br /> 1. Are the new entrance monuments necessary for the use of the lot? <br /> 2. Are the 75' lakeyard improvements reasonable for the site? <br /> 3. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the proposed variances for hardcover, building, and <br /> retaining walls in the 75' lakeyard,side yard setback and lot area for construction of a new <br /> house. <br /> Staff recommends denial of the proposed wetland setback for the new entrance monuments as <br /> the practical difficulty standards are not met. <br /> List of Exhibits <br /> Exhibit A. Application and Narrative <br /> Exhibit B. Practical Difficulties Documentation Form <br /> Exhibit C. Survey and Site Plans <br /> Exhibit D. Proposed Plans and Elevations <br /> Exhibit E. Submitted Hardcover Calculations <br /> Exhibit F. 2019 PC memo and Approved Resolution <br />