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10-09-2023 Council Packet
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10-09-2023 Council Packet
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10/10/2023 1:23:54 PM
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10/10/2023 1:18:29 PM
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FILE # LA23-000048 <br />18 Sept 2023 <br />Page 4 of 4 <br /> <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The property’s substandard area and width, combined with the challenges resulting from the <br />narrow roadway create difficulties which apply to few properties in the City. The immediate <br />neighboring properties have similar challenges. <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 size of the home is below the 20% structural coverage <br />limit. Granting of the lot area, lot width, and hardcover variances are necessary for the preservation <br />of the property right of the owners. <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 variances for lot area, <br />lot width, and hardcover in this situation is not contrary to the intent of the zoning 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. Without variances the property is unbuildable. The <br />variances for lot area, width, and hardcover are necessary, and do not merely serve as a convenience <br />to the applicant. <br /> <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 /> <br />Public Comments <br />No comments from the public have been received. The neighbors on either side have signed the <br />acknowledgement form. <br /> <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 /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval of the variances to construct a new home according to the proposed <br />plan. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Practical Difficulties Documentation Form <br />Exhibit C. Proposed Survey & Existing Site Plan <br />Exhibit D. Proposed Plans and Elevations <br />Exhibit E. Submitted Hardcover Calculations <br />Exhibit F. Aerial Photos <br />Exhibit G. Property Owners List & Acknowledgement Forms <br />Exhibit H. Plat Map
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