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FILE #LA24-000023 <br />May 20, 2024 <br />Page 4 of 4 <br /> <br /> <br />the existing driveway placement, well, and trees are unique to the property, but do not prevent <br />a compliant location for the proposed detached garage. This criterion is not met. <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 preservation of existing trees can be generally applied to other land in the district <br />and City. The existence of mature trees on a property do not prevent a homeowner from <br />abiding from the required setbacks. This criterion is not met. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. Granting the side and rear yard setback variances allow the <br />construction of a new 528 square foot detached garage while preserving several mature trees <br />on a site. The property is able to accommodate a location for the proposed detached garage <br />within the required setbacks and therefore this criterion is not met. <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 granting of the side and year yard setback <br />variances serves as more of a convenience to the applicant than a necessity. The applicant <br />currently is using the property for its intended use as a single-family dwelling. An accessory <br />building is not necessary to maintain the current use of a single-family home. There are <br />compliant locations on the property where a detached garage can be built following city <br />regulations. This criterion is not 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 />No public 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 which is not permitted by an official control? <br />2. The Commission should discuss if the preservation of existing trees should be considered a practical <br />difficulty when determining the placement of buildings/structures on a lot. <br />3. Are there any other issues or concerns with this application? <br /> <br /> <br />Planning Staff Recommendation <br />Staff recommends denial of the variance request as applied. <br /> <br /> <br />95