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FILE #LA23-000037 <br />August 21, 2023 <br />Page 4 of 5 <br />The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The existing nonconforming deck and the position of the <br />property in relation to the neighboring homes is unique. The subject property has only one <br />neighbor determining and impacted by the average lakeshore setback. The neighbor to the <br />south is oriented away from the subject home and there is a dense vegetative screen between <br />properties. The neighboring property will not have their lake view impacted by the proposed <br />addition. This criterion is met. <br />The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The request is specific to this property as it relates to an existing nonconforming deck. <br />This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The proposed addition within an existing footprint preserves the <br />property owner's right to enjoy the lakeyard. The minor expansion does not negatively impact <br />the neighboring properties or their views of the lake. This criterion is met. <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 variances <br />will not adversely impact health, safety, comfort, or morals of the community. This criterion is <br />met. <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 variance allows for the construction of a <br />screened in porch addition on the footprint of an existing deck that protrudes 5 feet into the <br />average lakeshore setback. A variance is needed for the vertical expansion. The proposed <br />addition will allow the current property owners to fully use and enjoy the current footprint. This <br />criterion is met. <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 />Public Comments <br />The applicant has provided an acknowledgement form from the neighboring property. No other public <br />comments have been received. <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 />