LA18-000056 Neugent (710 Big Island) VAR PCSR

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FILE #LA18-000056 18 June 2018 Page 4 of 4 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lakeyard setback variance and hardcover variance for allowing the retaining walls and hardcover within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has demonstrated practical difficulties which support granting the lakeyard setback and hardcover variances to permit the construction of a retaining wall and hardcover access improvements within 75 feet of the OHWL. This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting granting 75 foot lakeyard setback and hardcover in the lakeyard variances for access improvements to the property. The applicant is looking to reconstruct a failing retaining wall and walkway for access to the west dock. As part of the project the applicant will be adding hardcover in the 75 foot lakeyard for create access for a handicap family member to the cabin from the lake. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the proposed improvements. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Project Map Exhibit D. Existing & Proposed Survey Exhibit E. Proposed Plans Exhibit F. City Code 78-1282 Exhibit G. Property Owners List and Map