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FILE #LA23-000036 <br />15 July 2024 <br />Page 4 of 4 <br /> <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The owners have stated that granting the hardcover variance is <br />necessary for the preservation of their property rights. <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 a hardcover variance to allow for a <br />safer driveway in this situation is not contrary to the intent of the zoning chapter. However, the <br />solution requested is not proportionate to the difficulty. <br /> <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 requested increase in the turnaround area exceeds the minimal <br />amount necessary to alleviate the identified practical difficulties which should have been satisfied by <br />the 2020 variance. A larger driveway configuration would serve as a convenience, not a necessity, for <br />the owners. This criterion is not met. <br /> <br />The Commission may recommend or the Council may impose conditions in granting 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 />There have been no comments from the public on this application. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the property owner proposes to use the property in a <br />reasonable manner which is not permitted by an official control? <br />2. Do the unique characteristics of the property warrant a driveway turnaround exceeding the size of a <br />required turnaround for a property on a busy highway and county road by 116 square feet? <br />3. Does the Planning Commission find that the larger driveway turnaround area, if granted, will not alter <br />the essential character of the neighborhood? <br />4. Does the Commission find it necessary to impose conditions to mitigate the impacts created by the <br />granting of the requested variance? <br />5. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />While understanding and appreciating the plight of the applicant, the Planning staff cannot recommend <br />approval of the variance. Staff encourages the Commissioners to visit this property. The previously approved <br />variance allowing the 10’ x 10’ turnaround should have alleviated the difficulties identified by the applicants. <br /> <br />If the Commission finds that the practical difficulties support granting an additional hardcover variance to <br />accommodate the 216-square-foot turnaround, a recommendation for approval may be appropriate. <br /> <br /> <br /> <br />131