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FILE # LA22-0000065 <br />17 Jan 2023 <br />Page 2 of 5 <br /> <br /> <br />Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds that the elimination of a <br />nonconforming lot is a positive improvement from lot size and average lakeshore setback perspectives, as well <br />as the overall reduction of hardcover proposed between the 3 properties. Although, the “Swenson” home is an <br />existing condition, Staff does not find practical difficulties exist which support the requested variances from the <br />newly adopted regulations to permit an ADU. The applicants are legally able to use the “Swenson” home as an <br />accessory building with plumbing, but not for dwelling or overnight use. <br /> <br />Section 78-350 – Lot Area/Width: <br />Based on the proposed distribution of the “Swenson” property, the currently nonconforming-sized Oare <br />property will become conforming within the LR-1C district with respect to minimum lot area and lot width. The <br />Abbott property will conform to lot area. The lot width will remain the same. <br />Property Required Existing Proposed <br />Abbott <br />2941 CPR <br />21,780 s.f. (0.5 acres) <br />100’ <br />27,584 s.f. (0.63 acre) <br />90 feet <br />37,600 s.f. (0.86 acre) <br />90 feet (no width change) <br />“Swenson” <br />2965 CPR <br />21,780 s.f. (0.5 acres) <br />100’ <br />21,240 s.f. (0.48 acre) <br />±20 feet Eliminated <br />Oare <br />2967 CPR <br />21,780 s.f. (0.5 acres) <br />100’ <br />20,851 s.f. (0.47 acre) <br />±80 feet <br />32,075 s.f. (0.73 acre) <br />±100 feet <br /> <br />Section 78-1403 – Structural Building Coverage: <br />Following the property line changes each property will conform to the structural coverage limitation. <br /> <br />Abbott Total Lot Area Total Structural Coverage <br />2941 CPR Existing: 27,584 s.f. (0.6 acre) <br />Proposed: 37,600 s.f. (0.86 acre) <br />Allowed: 20% <br />Existing: 3,163 s.f. (11.4%) <br />Proposed: 3,905 s.f. (10.3%) <br />Oare Total Lot Area Total Structural Coverage <br />2967 CPR Existing: 20,851 s.f. (0.47 acre) <br />Proposed: 32,075 s.f. (0.73 acre) <br />Allowed: 20% <br />Existing: 3,453 s.f. (16.5%) <br />Proposed: 4,697 s.f. (14.6%) <br /> <br />Applicable Regulations: <br />Accessory Dwelling Unit - Lot Area and Utility Connection Variance (Section 78-1433 – See Exhibit D) <br />The Oares will be combining the portion of the “Swenson” property with their home site. They wish to keep the <br />existing “Swenson” home and use it as an ADU. The Code permits an ADU on properties which are a minimum of <br />one acre in area. The Oares will increase their lot area from 0.47 acre to 0.73 acre, however they will still be <br />under the minimum acreage in order to qualify for an ADU. The Oares request approval of a lot area variance to <br />qualify for an ADU. <br /> <br />Section 78-1433(e) requires the principal building and ADU to share utilities. The existing “Swenson” home has <br />independent utility connections as it has been a separate property for many years. Originally, the “Swenson” lot <br />was a guest house on the Oares’ property, in 1978 the owner split the guest house portion from the portion of <br />the property with the home (RLS 1470 attached as Exhibit G). This split resulted in an average lakeshore setback <br />anomaly for the Oare and Abbott properties as the “Swenson” home is set back considerably from the lake due <br />to the “flag lot” configuration of the “Swenson” lot. The proposed lot split and combination contemplated by the <br />Abbotts and Oares would resolve this average lakeshore setback issue. The property conforms or can conform <br />to the remainder of the ADU performance standards. Additionally, the applicants have provided a site plan