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15-3733 <br /> 11 August 2015 <br /> Page 4 of 4 <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 /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that the "land locked" condition of the property; the location of the existing driveway <br /> access point and home; and the proximity of the wetland to the driveway and home create practical <br /> difficulties making development of the property challenging. The applicanYs proposal to construct a <br /> driveway to serve the new addition within the wetland setback will not extend closer to the wetland <br /> than the existing driveway. It does not appear construction of the new driveway will adversely <br /> affect the stormwater storage and drainage on the property. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official controf? <br /> 2. Does the Planning Commission find that the variance, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance such as the addition of <br /> wetland buffer vegetation between the proposed (and existing) driveway to allow more <br /> infiltration opportunities? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the wetland setback variance to allow construction of the <br /> driveway with the following conditions: <br /> 1. Applicant shall comply with all of the permitting requirements of the MCWD—specifically <br /> the wetland, erosion control, and floodplain alteration rules. <br /> 2. Applicant shall comply with the recommendations of the City Engineer upon submittal of <br /> the application for a building permit for the new addition. <br /> 3. Applicant shall enter into an encroachment agreement with the City to addresses the <br /> existing and proposed improvements within the sewer easement. <br />