08-17-2015 Planning Commission Packet

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#15-3767 11 August2015 Page 4 of 5 2. The variance is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controis;The applicant's request to make improvements to the existing home is reasonable. b. There are circumstances unique to the property not created by the landowner; Much of the applicant's property is encumbered by the 75-foot setback;the applicant's existing home is situated entirely within the required 75-foot lake setback;and c. The variance will not alter the essential character of the locality. The homes on either side of the applicant's home are one story homes;the homes down the street,further to the north are 2 to 2%story homes. The applicant's proposal is not unlike the approved additions made to the home at 3669 North Shore Drive in 2008. The proposed footprint additions are minimal and the 1%story addition does not propose to extend more lakeward or further into the side setback areas than the existing home. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The applicant's property is unique in that there is a limited buildable area between CSAH 51,the frontage road,the 75' lake setback and side setbacks. The existing home is situated generally in line with the other 4 homes on this narrow piece of land between CSAH 51 and the Lake. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The orientation of the applicant's property on the shallow lot beneath a busy County road with a frontage access road is relatively unique. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The home was initially constructed prior to the 1960s and modified over the years. The applicant has stated that the proposed modifications to accommodate their living and storage needs are necessary. 7. 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. Staff believes this criteria to be met. 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 in order to allow for the upward expansion of the home at nonconforming setbacks as well as construct an attached garage. 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.