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FILE #LA23-000039 <br />August 21, 2023 <br />Page 5 of 5 <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 variances allow for the construction of a new <br />home in a similar location to the existing home, while improving some of the nonconformities. <br />This 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 property to the south, 1386 Rest Point <br />Road. However, the application has not been able to reach the northern property owner, 1374 Rest Point <br />Road. No other public 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 have any issues or concerns with maintaining some of the existing <br />nonconformities such as the existing boat house within the 75 -foot setback or 28 -foot -wide <br />driveway? <br />4. Are there any other issues or concerns with this application? <br />Planning Staff Recommendation <br />Staff is supportive of the requested variances for lot area, lot width, hardcover and rear yard setback in <br />order to construct a new single-family home. <br />List of Exhibits <br />Exhibit A. <br />Application <br />Exhibit B. <br />Practical Difficulties Form <br />Exhibit C. <br />Proposed Survey <br />Exhibit D. <br />Existing Survey <br />Exhibit E. <br />Plans <br />Exhibit F. <br />Narrative <br />Exhibit G. <br />Hardcover Calculations <br />Exhibit H. <br />Neighbor Acknowledgements <br />Exhibit 1. <br />Mailing List & Map <br />