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FILE # LA22-000051 <br />21 Nov 2022 <br />Page 5 of 5 <br /> <br /> <br />necessary to access the property which was installed with the home construction. <br />Expansion of an existing improvement or structure is not a right. <br /> <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 the <br />requested variances would be contrary to the intent of the zoning chapter. <br /> <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. The variances to increase driveway square <br />footage, improve aesthetics, and increase outdoor living space near the OHWL are <br />conveniences and are not supported by a demonstrable difficulty. <br /> <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 /> <br />Engineer Comments <br />The City Engineer reviewed the as-built document provided. It does not appear that the parking pad <br />encroaches into the drainage and utility easement covering the sanitary sewer and shoreline <br />restoration area. <br /> <br />Public Comments <br />Other than the three individual complaints about the driveway installation, one neighbor comment <br />has been received (Exhibit F). <br /> <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 /> <br />Planning Staff Recommendation <br />Planning Staff recommends denial. The hardcover improvements (driveway parking area and patios) <br />should be removed. <br /> <br />List of Exhibits <br />Exhibit A. Application & Narrative <br />Exhibit B. Practical Difficulties Documentation Form <br />Exhibit C. As-Built Survey 7/13/2022  New Home Construction <br />Exhibit D. As-built Survey 10/27/2022  Hardcover Additions <br />Exhibit E. Submitted Hardcover Calculations <br />Exhibit F. Neighbor Comment RE: driveway <br />Exhibit G. Property Owners List <br />Exhibit H. Plat Map <br />