09-12-2022 Council Packet - Laserfiche WebLink

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FILE # LA22-000039 15 Aug 2022 Page 5 of 5 granting the average lakeshore setback variance for this project is not a convenience. Granting the variance is necessary to address limited buildable area, to provide reasonable use, and is a minimal new encroachment resulting in improved functionality 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. Public Comments The affected property owner at 1945 Fagerness Point Road has provided comments on the applicants’ request and does not oppose the variance. The comments are attached as Exhibit G. 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. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey – annotated Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos – by staff Exhibit G. Neighbor Comment Exhibit H. Property Owners List Exhibit I. Plat Map