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FILE # LA23-000014 <br />17 April 2023 <br />Page 4 of 5 <br /> <br /> <br />property is a lakeshore lot; the application of the average lakeshore setback in this circumstance <br />would adversely impact the lake access and views for the applicants and would result in no <br />added viewshed benefit to the adjacent properties. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The unique channel shoreline resulting in the the severe setback <br />from the lake of the adjacent homes creates difficulties in developing the property consistent <br />with the other homes in their neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The property’s channel shoreline positioning combined with the relationship between <br />the existing home and the setback of the homes on adjacent properties creates difficulties for the <br />owners. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The property has a conforming building envelope where a new <br />home can be sited. Granting the average lakeshore setback variance is not necessary for <br />development of the property; however, granting the average lakeshore setback variance <br />preserves the owners’ rights to views and enjoyment of the lake enjoyed by other lakeshore <br />property owners. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variance <br />in this unique situation is not contrary to the intent of the zoning chapter. <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 majority of the homes along this channel are <br />situated approximately 75 feet to 125 feet from the lake; constructing a home behind the average <br />lakeshore setback would be out of character for the immediate channel lakeshore neighborhood. <br />The requested variance would not merely serve as a convenience to the applicants. <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 />Staff has received requests to view the plans and fielded some questions from the public but as of this <br />writing, staff has not received any comments regarding this application. <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 />The Planning Commission should discuss the following: <br />Whether or not the proposal fits within the character of the neighborhood;