06-27-2022 Council Packet - Laserfiche WebLink

Home Browse Search

LA22-000028 June 21 2022 Page 6 of 7 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lot area, side yard and lake setback variances are necessary for the preservation of the property right of the application. The retaining walls and hardcover in the lakeyard variances facilitate the use of the property for the new home and are necessary for the preservation of the property. The wetland buffer setback variance for the new entrance monuments are not necessary for the enjoyment and use of the 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 the requested variances 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 variances do not merely serve as a convenience to the applicant. The variances are necessary as the property has considerable practical difficulties affecting development. The wetland buffer setback for entrance monuments are accessory structures to the principle building and granting this variance is a convenience and not necessary for the use of the property. 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. A review of the new home will be completed when a building permit is submitted. Public Comments The applicant submitted two neighbor signatures for the project. It is included as Exhibit G. Issues for Consideration 1. Are the new entrance monuments necessary for the use of the lot? 2. Are the 75’ lakeyard improvements reasonable for the site? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends denial of the proposed wetland setback for the new entrance monuments as the practical difficulty standards are not met. List of Exhibits Exhibit A. Application and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Survey and Site Plans Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. 2019 PC memo and Approved Resolution Planning Staff recommends approval of the proposed variances for hardcover, building, and retaining walls in the 75’ lakeyard, side yard setback and lot area for construction of a new house.