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FILE #LA24-000046 <br />October 21, 2024 <br />Page 4 of 4 <br />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The narrow building envelope impacted by the lakeshore on <br />three (3) sides of the property are unique. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The property is surrounded by lakeshore on three (3) sides and the location of the <br />existing structures in relation to the building envelope on site are unique to the subject <br />property. This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The existing home on the property currently has an at-grade <br />patio. The proposal is for a low-grade deck in replacement of this patio that will decrease the <br />overall hardcover within the 75-foot lakeshore. The proposed deck supports the preservation <br />and enjoyment of the property.This criterion is met. <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 variance requests <br />would not impair the zoning chapter since the setbacks and hardcover would be improving on <br />the site compare to the existing conditions. This criterion is met. <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. There are practical difficulties that support the <br />application as proposed. The variance requests for a new deck improve the overall hardcover <br />and existing setbacks on the site. This criterion is met. <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 />Public Comments <br />The neighboring property owners at 880 and 815 Partenwood Rd have provided property <br />acknowledgement signatures. No other public comments have been received. <br />Issues for Consideration <br />1. Does the Planning Commission find that that the size of the proposed deck is reasonable for <br />the site? The applicant should provide additional testimony to support for size of the <br />proposed deck. <br />2. The Commission should discuss if the property owner has reasonable use of the property. <br />3. Are there any other issues or concerns with this application? <br />Planning Staff Recommendation <br />Planning Staff recommends approval. <br />10