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LA23-000062 <br />January 16, 2024 <br />Page 5 of 6 <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The physical conditions of the lot are unique to the subject property. <br />This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The property owner has the right to maintain <br />the nonconforming home and rebuild it in-kind. An average lakeshore setback variance <br />for a new home can be supported due to parcel acting as a peninsula by abutting the <br />channel. However, the sensitive nature of the bluff requires a design that is compatible <br />with the land. Excessive grading and new improvements in the bluff setback are not <br />supported. This criterion is not met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variances would be contrary to the intent of the zoning chapter. This criterion <br />is not met. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. The setback variance to construct <br />within a bluff impact zone and bluff setback is not necessary. The proposed home <br />should be designed so that it does not encroach into the bluff setbacks and there is <br />minimal grading necessary. No accessory structure such as patio, walkway or retaining <br />wall should be located within the bluff setback or bluff impact zone. While an average <br />lakeshore setback variance can be supported, the number of new improvements based <br />on the home design and grading within the bluff area is excessive and out of <br />convenience to the applicant not necessary for use of the site. This criterion is not met. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br /> <br />Engineer Comments <br />The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at <br />the time of building permit. <br /> <br />Public Comments <br />Neighbor support letters have been provided from the neighbors at 4415 North Shore Drive and <br />4425 North Shore Drive. <br /> <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 Commission find the proposed improvements and grading work within the <br />bluff setback to be necessary and reasonable? <br />3. The Commission should discuss if the property owner has reasonable use of the property. <br />4. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Planning staff recommends denial of proposal as applied. While staff is supportive of requested <br />average lakeshore setback variance, the proposed improvements and grading work within the <br />97