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FILE # LA23-000056 <br />16 October 2023 <br />Page 7 of 7 <br /> <br /> <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in <br />any other respect be contrary to the intent of this chapter. Granting the requested after-the-fact <br />variance in this unique 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 necessary to <br />alleviate demonstrable difficulty. The Property had an existing deck in the same footprint. The stair <br />configuration is new however does not impact views of the lake for the neighbors. The variances are <br />necessary and does not merely serve as a convenience. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. Any conditions <br />imposed must be directly related to and must bear a rough proportionality to the impact created by the <br />variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where <br />such land is located. <br /> <br />Public Comments <br />Comments have been submitted from the neighbor to the north; comments are included as Exhibit G. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the property in a <br />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 after-the-fact variances to permit the minor expansions of the deck <br />as applied. <br /> <br />PLANNING COMMISSION REQUIRED ACTIONS: <br />1. Appeal: <br />a. Open and hold a public hearing for the Appeal of staff interpretation. <br />b. Render a decision on the Appeal: Staff recommends the Planning Commission uphold the staff <br />interpretation of Section 78-1279. <br />2. Variance: <br />a. Open and hold a public hearing regarding the after-the-fact setback variances. <br />b. Motion to approve or deny the variances as applied: Staff recommends approval of the after-the- <br />fact variance to permit the minor expansions of the deck as applied. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Appeal Narrative <br />Exhibit C. Survey <br />Exhibit D. Deck Permit & Plans <br />Exhibit E. Aerial Photos <br />Exhibit F. Hardcover Calculations – Staff <br />Exhibit G. Public Comment <br />Exhibit H. 1994 Permit <br />Exhibit I. Property Owners List & Map