07-20-2015 Planning Commission Packet

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#15-3761 15 Juty 2015 Page 4 of 4 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variance is necessary 1n order to allow for expansion of the home footprfnt on the property wfth an approximate 15'x 11Q' building pad. The Commission may recommend or Council may impose conditions in granting of variances. ARy conditions imposed must be directly related to and rnust 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 Stateme� Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulttes Analysls Staff finds that the location,shape and size of the existing home;the limited legal building pad depth;the topography;and the proximity and elevation of the CSAH 51 create practical difficultfes making de�elopment of the property challenging. The applicanYs proposal tfl construct a 17'x 12'two-level addrtion on the lake side of the home in the location of an existing 6-foot wide deck/walkway,will not extend closer to the lake, bluff o�further into the bluff impact zone than the existing larger deck and patio. The area between the home and the top of bluff consists of a flat and stable-appearing yard.The applicant is not proposing ta extend into or down the bluff slope. It does not appear construction of the addition will compromise the stability of the bfuff. Issues for Consideration 1. Does the Planning Commission find that that the property owner propases to use the property in a reasonable manner which is not permitted by an officiaf control? 2. Does the Plan�ing Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood7 3. Does the Commissian find it necessary to impose conditions in order to mitigate #he impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this applicatian? Planning Staff Recommendation Planning Staff recommends approval of the average setback, bluff setback, and bluff impact zone variances to allow construction of the 17'x12' addition with the following conditions: 1. Applicant shall camply with the permitting requirements of the MCWD. 2. Applicant shall comply with the recommendations of the City Engineer and Building �fficial during the permit review and construction process, including but not limited ta the following: a. Submittal of engineering information due to the possibility of fill soils used to create a stable building pad for the existing home. b. The proposed structure shall be required to be installed on suitable original soils or engineered corrected soils which would need to be tested and approved by the designing engineer.