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