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FILE #LA24-000043 <br />16 September 2024 <br />Page 5 of 5 <br /> <br /> <br />proposed hardcover level is not a right. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or <br />in any other respect be contrary to the intent of this chapter. Granting the requested variances to <br />expand the mass of the home within the setbacks is contrary to the intent of the zoning chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary <br />to alleviate demonstrable difficulty. The currently requested variances are not necessary and will <br />merely serve as a convenience to the owners. <br /> <br />The Commission may recommend or Council may impose conditions in granting of 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 <br />where such land is located. <br /> <br />Public Comments <br />To date, no public comments have been received. <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. Does the Planning Commission find that the variance(s), if granted, will not alter the essential <br />character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions to mitigate the impacts created by <br />the granting of the requested variance(s)? <br />4. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Staff recommends the applicant redesign the plan to relocate the entire home footprint including the new <br />expansions within the allowed setbacks. Staff can support the variances to reconstruct the smaller deck (as <br />proposed) in conjunction with a conforming house footprint. A hardcover variance may still be required; <br />however, the resulting hardcover level will be much more appropriately scaled for the property and the area. <br /> <br />Planning Staff recommends denial as proposed. <br /> <br /> <br /> <br />48