04-17-2023 Planning Commission Packet

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FILE#LA23-000014 17 April 2023 Page 4 of 5 property is a lakeshore lot;the application of the average lakeshore setback in this circumstance would adversely impact the lake access and views for the applicants and would result in no added viewshed benefit to the adjacent properties. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The unique channel shoreline resulting in the the severe setback from the lake of the adjacent homes creates difficulties in developing the property consistent with the other homes in their 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 channel shoreline positioning combined with the relationship between the existing home and the setback of the homes on adjacent properties creates difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The property has a conforming building envelope where a new home can be sited.Granting the average lakeshore setback variance is not necessary for development of the property; however,granting the average lakeshore setback variance preserves the owners' rights to views and enjoyment of the lake enjoyed by other lakeshore property owners. 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 variance 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 majority of the homes along this channel are situated approximately 75 feet to 125 feet from the lake;constructing a home behind the average lakeshore setback would be out of character for the immediate channel lakeshore neighborhood. The requested variance would not merely serve as a convenience to the applicants. 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 Staff has received requests to view the plans and fielded some questions from the public but as of this writing, staff has not received any comments regarding this application. 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 The Planning Commission should discuss the following: Whether or not the proposal fits within the character of the neighborhood;