05-15-2023 Planning Commission Packet

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FILE #LA23-000017 May 15, 2023 Page 5 of 6 the existing structures and topographical challenges are unique conditions to this specific property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the specific location of the existing structures on the property and the steep topographical changes are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The current property is served by a steep driveway that is especially unsafe in the winter months. Granting of the application is necessary. This criterion is met. 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 variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. 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 allow for the construction of a new detached garage without a steep driveway. The project will also decrease the overall hardcover on the site bringing it closer to conformance. The proposal is necessary and not out of convenience. This criterion is met. 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 At the April 17, 2023 Planning Commission Bruce Lea, 740 Tonkawa Rd, spoke at the public hearing in opposition to the application noting concerns about the shared driveway space (Exhibit E). A letter of support from the neighbor from that same neighbor, at 740 Tonkawa Rd, has since been submitted and is included in Exhibit D. The neighbor is in favor of the revised plans. 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 Planning 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 proposed project to demolish an existing garage and driveway that are unsafe and to construct a new detached garage near the street appear to be reasonable. Staff find there is practical difficulties to support the amended application.