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FILE #LA25-000031 <br />18 August 2025 <br />Page 4 of 4 <br /> <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant: <br />As the house is impacted by the ALS, limited development or improvement on the lakeward side <br />cannot occur, despite the home’s nearly 300-foot separation from the shoreline. Approval of a <br />variance would be necessary to preserve the property rights of the applicant. This criterion is met. <br /> <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: <br />The granting of the variance would not be contrary to the intent of the ALS to protect the lake <br />views of adjacent owners. This criterion is met. <br /> <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: <br />The applicants have designed a reasonable building addition that is nestled in a corner of their <br />house that happens to be lakeward of the ALS. Lake views that the ALS is designed to protect are <br />not impacted by the proposal. This criterion is met. <br /> <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 <br />chapter in the district where such land is located. <br /> <br />Public Comments <br />No public comments have been received by staff as of the writing of this report. <br /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval as applied. <br /> <br />List of Exhibits <br />Exhibit A. Staff Report <br />Exhibit B. Application <br />Exhibit C. Imagery <br />Exhibit D. Cover Letter <br />Exhibit E. Building Plans <br />Exhibit F. Survey <br />Exhibit G. Hardcover Information <br />Exhibit H. Mailing List & Map <br /> <br />46