Laserfiche WebLink
FILE#15-3753 <br /> 20 July 2015 <br /> Page 3 of 4 <br /> minimum standards for health, safety, and general welfare of residents. The fence <br /> proposed is consistent in character with lake impact, and accomplishes certain health, <br /> safety general welfare goals identified by the City. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The use of the property for a beach is a <br /> permitted use. The construction of fences or other structures to separate <br /> parking and recreation areas is a typical and expected improvement. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The use of the ROW is limited only to city operations, and is unique to the <br /> property owner <br /> c. The variance will not alter the essential character of the locality. The fence <br /> design is intended to blend into the park improvements. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The use of the ROW is limited only to city <br /> operations,and is unique to the property owner <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The use of the ROW is limited only to city operations, and is <br /> unique to the property owner <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The variance is necessary to both promote <br /> an aesthetic character and provide for a safe recreational and parking area. <br /> 7. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. The fence as <br /> proposed will not block views from neighboring properties, and due to vegetation <br /> present,will not be visually impactful from the lake. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. The beach must be at the lake <br /> shore, and the parking area, due to wetlands and other factors, is immediately <br /> adjacent. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Planning and Public works staff developed the practical difficulties responses, outlined above. <br /> Staff will be available to address any questions during the meeting. The Park Commission has <br /> two primary goals: 1.) To define the parking areas and channel drop off and protect park users, <br /> and; 2.) Establish a certain design brand throughout the park system. The fence accomplishes <br /> these goals. <br /> Analysis <br />