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FILE #LA25-000012 <br />21 April 2025 <br />Page 5 of 5 <br /> <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The location and existence of the nonconforming accessory building is an existing <br />condition unique to a small number of properties in the City, but could be applied to all other <br />lakeshore properties with lake yard accessory buildings and boathouses. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The owners’ substantial property right is provided by the principal <br />structure. The nonconforming building is allowed to be maintained and replaced in kind. <br />Expansion of an existing non-conforming structure is not a right; however, the building will be <br />expanded to comply with floodplain minimum low floor regulations. <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 will <br />not adversely impact health, safety, comfort, or morals; The Commission should determine <br />whether the modest massing expansion negates to goals of the code concerning views into, and <br />across, the property. <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 applicant asserts that the variances are necessary <br />to modestly increase functionality, and for safety and regulatory compliance, and will not merely <br />serve as a convenience to the owners. <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 created <br />by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the <br />district 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 that 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 />Planning Staff recommends approval of the variances as applied, subject to the owners executing a plumbing <br />covenant. <br />86