Laserfiche WebLink
LA22-000045 <br /> September 19,2022 <br /> Page 4 of 5 <br /> orientation with respect to Elmwood Road, and adjacent properties creates difficulties <br /> which also apply to many of the properties in the same neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's substandard size and orientation with respect to the <br /> Elmwood Road creates difficulties which also apply to many of the properties in the <br /> same neighborhood. However the existing home location is unique to this property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting setback variances are necessary for <br /> the preservation of the property rights of the applicant. <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 side and street setback variances in this unique situation is not contrary to <br /> the intent of the zoning 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 for street and side yard <br /> setback are necessary,and do not merely serve as a convenience to the applicant as the <br /> property has considerable practical difficulties affecting development. <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 /> Engineer Comments: <br /> 1. The proposal appears to remove and encroachment from the City ROW which is a <br /> benefit to the City. <br /> 2. The proposal moves the structure further way from Sanitary Lift station#20 which is a <br /> benefit to the City. <br /> 3. Demolition of the existing structure and construction of the new will require <br /> coordination with the Public works department to prevent damage to the nearby <br /> sanitary sewer system. <br /> Public Comments <br /> The applicant submitted letters of support from the abutting neighbors on the north and south of <br /> the property, attached as Exhibit F. <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 /> Planning Staff recommends approval of the side and street setback variance. • <br />