10-19-2015 Planning Commission Packet

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#15-3787 � � 14 October 2015 Page 4 of 5 structural coverage, 1.9%over the permitted level; the hardcover on the property will remain conforming. The construction of a garage in a residentially zoned property is consistent with the Ordinance. The Planning Commission should discuss whether the building design departs from the general intent and purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan has directives which are put in place to protect the lake, limit massing, and hardcover. Although the additional structural massing will not impact the lake side of the property, the overall structural massing on the property will exceed the allowed level. The proposed plan results a conforming level of hardcover. 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 controls; the proposed garage will be located in a compliant location and will not result in a nonconforming hardcover level. In reviewing the 2014 request staff was able to acknowledge practical difficulties supporting the small addition to the home; however staff had difficulty identifying practical difficulties which supported the additional mass resulting from the shed (now garage). The applicant has provided a practical difficulty analysis for consideration. b. There are circumstances unique to the property not created by the landowner; the property is narrow and is divided by an existing sewer line. The existing home is situated with a side load style garage accessed off of the side street. The orientation does not permit a larger addition to the home or a new driveway to branch off of the existing to serve a detached garage. In staff's opinion,this criterion is met; and c. The variance will not alter the essential character of the locality. The adjacent properties to the west are lakeshore lots, many with detached garages to the street side. The location of the proposed garage does not appear to result in a negative impact on the character of the neighborhood. The visible top floor area of the proposed garage may result in too much visual mass when viewed from off of the property. 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 lakeshore property is encumbered by a sewer easement and situated on a corner resulting in challenging setbacks; the proposed level of hardcover is not out of conformance with the general neighborhood. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The property is on a corner with the access oriented toward Crystal Bay Road to the east, while the neighbors to the west front on the lake and are accessed at the rear. The neighbors to the east all face the lake, yet front on Crystal Bay Road. The property is relatively unique in this neighborhood. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant indicates that this is true. 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. In staff's opinion,this criterion is 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 applicant has indicated that