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FILE #LA24-000041 <br />August 19, 2024 <br />Page 4 of 4 <br /> <br /> <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 variance <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 variance allows for the reconstruction and <br />expansion of a lakeside deck that will encroach into the average lakeshore setback. The current <br />home is nonconforming to average lakeshore setback as the setback line bisects the home. Any <br />lakeside deck on the home would require a variance. The proposed deck will allow the current <br />property owners to fully use and enjoy the lakeyard. 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 support letters from both impacted neighbors shown in Exhibit <br />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 Commission find it necessary to impose conditions in order to mitigate the impacts <br />created by the granting of the requested variance? <br />4. Are there any other issues or concerns with this application? <br /> <br /> <br />Planning Staff Recommendation <br />Staff recommends approval of the average lakeshore setback variance for a new deck. <br /> <br /> <br /> <br />11