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FILE #LA25-000010 <br />21 April 2025 <br />Page 4 of 4 <br /> <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The existing home’s location and orientation <br />on the Property are unique circumstances. Due to the location and size of the wetlands <br />impacting the properties along this portion of North Shore Drive, the developed homes <br />are nearer to the lake than the 75-foot setback. The application of the 75-foot setback <br />requirement causes a practical difficulty. The home and the proposed addition will not <br />encroach on the average lakeshore setback. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The location of the home, within the 75-foot setback, is relatively unique in <br />the City, although not in the immediate neighborhood. Applying the lake setback <br />requirement eliminates the owners’ ability to expand or improve the home without a <br />variance, creating a practical difficulty. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting the variances to construct the addition <br />is necessary to increase functionality within the home, as well as for the preservation of <br />the wide, open space between the subject property and the neighbor to the west. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, or <br />morals, or in any other respect be contrary to the intent of this chapter. The proposed <br />project will not impair the health, safety, comfort, or morals of the public. <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. Granting of the variances will resolve and <br />alleviate a demonstrated practical difficulty caused by the lake setback as applied to the <br />Property. <br /> <br />The Commission may recommend, or the Council may impose conditions in granting 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 <br />chapter in the district where such land is located. <br /> <br />Public Comments <br />Supportive comments were received from the neighbors on either side of the subject property, <br />Exhibit H. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Planning Commission find that the variances, if granted, will not alter the <br />essential character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions in order to mitigate the <br />impacts created by the granting of the requested variances? <br />4. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval as applied. <br /> <br />15