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FILE #LA23-000047 <br />September 18, 2023 <br />Page 5 of 5 <br /> <br /> <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 /> <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 that of the existing home. This criterion is met. <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 />The applicant has reached out to neighboring property owners, but has not provided any <br />acknowledgement forms. No public comments have been received regarding this project. The applicant <br />should be asked if they have received support from the neighbors. <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. Are the accessory structures of the pool, retaining walls and patio reasonable and necessary? <br />4. The Commission should discuss the existing nonconforming elements of the site that are proposed <br />to remain including the tennis court and detached garage. Could removal of any nonconforming <br />structures bring the property closer to conformance. <br /> <br />Planning Staff Recommendation <br />Staff is supportive of the requested variances from the 150-foot lake setback, hardcover and retaining <br />walls within the 150-foot lake setback for the construction of a new single-family home. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Practical Difficulties Form <br />Exhibit C. Narrative <br />Exhibit D. Proposed Survey <br />Exhibit E. Existing Survey <br />Exhibit F. Plans <br />Exhibit G. Hardcover Calculations <br />Exhibit H. Aerial Map <br />Exhibit I. Mailing List & Map <br />