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#15-3781 � <br /> 15 Sept 2015 <br /> Page 4 of 4 <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.Other properties within the Casco Point neighborhoods have similar <br /> lot areas and widths. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. While the average lakeshore setback is <br /> defined by the principal structures on each adjacent lot,the applicant has designed the <br /> lakeside of the home such to have a view of the lake past the neighbor's outdoor <br /> fireplace chimney. <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. Staff finds <br /> this criterion to be met. <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 applicant has indicated that <br /> the outdoor fireplace chimney creates a practical difficulty. <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 /> 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 there is a demonstrable practical difficulty supporting the lot area and lot width <br /> variance requests. Regarding the variance to allow a 7.5 foot portion of a one story screen porch <br /> to be constructed lakeward average lakeshore setback the practical difficulty is not as clear.There <br /> is an extensive patio on the property to the east at 3195 Casco Circle which includes an outdoor <br /> fireplace chimney that appears to be approximately 8 to 10 feet in height. The average lakeshore <br /> setback line is measured by drawing a straight line between the most lakeward portions of the <br /> principal structure on each of the two adjacent lakeshore properties. However, the applicants <br /> have designed the screen porch to have views beyond the neighbor's outdoor chimney. <br /> Public Comments <br /> Comments from the property owner at 3195 Casco Circle have been received. Please see Exhibit <br /> F. <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 control? <br /> 2. Does the Planning Commission find that the variance(s), 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(s)? <br /> 4. Are there any other issues or concerns with this application? <br />