07-17-2023 Planning Commission Packet

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FILE #LA23-000033 17 July 2023 Page 4 of 4 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants' submitted information supports the request for the average lakeshore setback variance and they have indicated it is necessary for the preservation of the property right of the 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 property has an existing patio and can support a deck extending approximately 8 -feet from the home. However, the permitted depth would not be functional, the applicants have provided documentation indicating that the requested variance is the minimum necessary, and does not merely serve as a convenience. 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 To date, no public comments have been received. 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 Planning Staff recommends approval of the average lakeshore setback variance. If the planning commission recommends approval, the applicant should revise their site plan to show the proposed deck footprint and the proposed stair footprint. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map