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FILE #LA24-000035 <br />July 15, 2024 <br />Page 4 of 4 <br /> <br /> <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 variances allow for the construction of a new <br />deck for a single-family home that does not currently have outdoor living space. The requested <br />setbacks of 24 feet from the rear and side yard setbacks are due to the substandard size of the <br />lot and placement of the existing home. This criterion is 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 />The applicant has provided neighborhood acknowledgment forms for both impacted neighbors as shown <br />in Exhibit H. <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. Does the Planning Commission find that the variance, if granted, will not alter the essential <br />character of the neighborhood? <br />3. Does the Planning Commission find the size of the proposed deck to be reasonable? <br />4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts <br />created by the granting of the requested variance? <br /> <br /> <br />Planning Staff Recommendation <br />Staff recommends approval of the requested side and rear yard setbacks for the construction of a new <br />deck. <br /> <br /> <br /> <br />48