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FILE #16-3812 March 16, 2016 Page 4 of 5 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the variances will resolve a demonstrated practical difficulty, The Commission may recommend and the 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. Analysis -Average Lakeshore Setback Variances The location of the applicants' existing residence is conforming to the zoning standards of the RR- lB Rural Residential District. However, the Shoreland Overlay District regulations regarding average lakeshore setback are impossible to meet for constructing additions to applicants' home. The adjacent residence structure on the lakeshore lot to the immediate south is located less than 15 feet from the Brown Road right-of-way where a 50' setback would normally be required. That adjacent home is one of the original farmhouses in the Dickey Lake area and has been at this location for many decades (see 1937 airphoto). If that residence was setback the minimum 150' from the OHWL of Dickey Lake, applicants would not need an average setback variance. Additionally, due to 1) the curvature of the lakeshore; 2) the location of the additions; and 3) the substantial amount of vegetative screening along applicants' south lot line, the neighboring property's existing lake views would appear to not be impacted by applicants' proposed improvements. It should be noted that while the roof design over the existing house may be changing slightly, they are not adding a second story. The proposed garage will have some low-headroom storage above but will not constitute a story. Based on granting of the average setback for the additions and remodeling, if the applicants ultimately determined they need to do a complete teardown, this variance would allow them to rebuild per the approved plans without additional Council action. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit D, and should be asked for additional testimony regarding the application. Neighbor Comments As of this writing the City has received no comments from neighboring property owners. Both adjacent neighbors have signed the Neighbor Acknowledgement form. 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, if granted, will not alter the essential character of the neighborhood? 3. If the Planning Commission concludes that the variance as requested is justified, does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the granting of the variance? 4. Are there any other issues or concerns with this application?