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FILE #LA23-000059 <br />October 16, 2023 <br />Page 5 of 5 <br /> <br /> <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 provided an acknowledgement form from the neighboring property. No other public <br />comments have been received. <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 ? Is the project able to conform to city standards?? <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 />Staff recommends denial of the application as applied. <br /> <br />The structure is proposed 6 feet from the side property line when 10 feet is required. Staff does not find <br />that there is practical difficulty present to support this variance. The location seems to be out of <br />convenience as there is available room to meet the 10 foot required side yard setback. Staff has <br />recommended moving the structure to a compliant location. <br /> <br />The proposed 6-foot height of the accessory structure is not permitted within the average lakeshore <br />setback due to exceeding the 42 inch height requirement. Much of the existing home is within the average <br />lakeshore setback and due to the topography and existing vegetation, the neighboring property is not <br />impacted by the proposed screen wall. This variance has the support of staff. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Practical Difficulties Form <br />Exhibit C. Survey <br />Exhibit D. Plans <br />Exhibit E. Hardcover Calculations <br />Exhibit F. Aerial & Property Photos <br />Exhibit G. Narrative <br />Exhibit H. Neighbor Acknowledgment Form <br />Exhibit I. Mailing List & Map <br />