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FILE # LA25-000021 <br />16 June 2025 <br />Page 4 of 4 <br /> <br /> <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The applicant’s submitted information supports the request for the <br />average lakeshore setback variance, and they have indicated it is necessary for the preservation of <br />the property rights of the owners. <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 variance in this <br />unique situation is not 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 <br />necessary to alleviate demonstrable difficulty. The property has an existing deck and patio, which <br />can be rebuilt in kind. However, changes or expansions to improve functionality are not permitted <br />due to the ALS. The applicant has provided documentation indicating that the requested variance <br />is the minimum necessary and does not merely serve as a convenience. <br /> <br />The Commission may recommend, or the 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 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 official controls? <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 as proposed. <br /> <br />10