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FILE #LA23-000049 <br />18 Sept 2023 <br />Page 4 of 5 <br />located. This condition is not applicable, as residential improvements are an allowed use <br />in the LR -1C District. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling as <br />a two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The depth of the lots, shape of the shoreline, <br />and the setback from the lake of the adjacent homes creates difficulties. The majority of <br />the home is completed and removing the encroachment is not a simple endeavor as the <br />porch roof structure is integral to the structure of the overall roof and cannot be simply <br />removed. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The property's shoreline orientation, depth of the lots, and the <br />relationship between the existing home and the setback of the adjacent homes create <br />difficulties for the owners. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Removal of the encroachment will result in a <br />significant impact to the property owners. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variance in this unique situation is not contrary to the intent of the zoning <br />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. Removing the encroachment will result in <br />significant impacts to the existing home likely requiring a significant structural redesign, <br />according to the builder; therefore, the requested variance is necessary and would not <br />serve as a convenience to the applicant. <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 <br />chapter in the district where such land is located. <br />Public Comments <br />Public comments have been received in support of the variance. See Exhibit G. <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property 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 <br />essential character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions in order to mitigate the <br />impacts created by the granting of the requested variance(s)? <br />4. Are there any other issues or concerns with this application? <br />Planning Staff Recommendation <br />Planning Staff recommends approval of the after -the -fact variance. <br />