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05-08-2023 Council Packet
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05-08-2023 Council Packet
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5/9/2023 12:08:41 PM
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FILE # LA23-000019 <br />17 April 2023 <br />Page 5 of 5 <br /> <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. Without variances the property is unbuildable. The <br />variances for lot area, setback, and hardcover are necessary, and do not merely serve as a <br />convenience to the applicant <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 chapter <br />in the district where such land is located. <br /> <br />Public Comments <br />Comments have been received and are attached as Exhibit H. The comments are generally supportive yet the <br />neighbor is requesting that his property not be adversely impacted by construction or outdoor storage on <br />the north side of the home. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the property <br />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 essential <br />character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts <br />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 approval of the variances to construct a new home on the existing foundation. <br /> <br />The applicant has indicated that the proposed home will have a full basement. The plans submitted for <br />building permit should identify the basement floor elevation and any openings to verify conformance with <br />FEMA’s 100-year floodplain low floor minimum elevation requirement of 932.5’. <br /> <br />The planning commission should discuss the setback for the portion of the home within 2.7 feet from the <br />property line. Is it reasonable to permit the further expansion of the volume for a second story so close to <br />the property line? Is it reasonable to require the second story to be pushed to the south in order to align with <br />the portions of the home set 5.5 feet from the property line? <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Practical Difficulties Documentation Form <br />Exhibit C. Existing & Proposed Surveys <br />Exhibit D. Proposed Plans and Elevations <br />Exhibit E. Volume Comparison <br />Exhibit F. Submitted Hardcover Calculations <br />Exhibit G. Aerial Photos <br />Exhibit H. Public Comment <br />Exhibit I. Property Owners List <br />Exhibit J. Plat Map
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