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� FILE#15-3769 <br /> October 15,2015 <br /> Page 3 of 6 <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; <br /> b. There are circumstances unique to the property not created by the landowner; <br /> and <br /> c. The variance will not alter the essential character of the locality. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 1. <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. <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. <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. <br /> (b)The board or council may impose conditions in granting of variances.Any conditions <br /> 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 <br /> this chapter in the district where such land is located. <br /> Hardcover Variance <br /> The property clearly has excesses of hardcover which can and should be removed. The <br /> hardcover proposed to be removed resulting in a decrease from 61% to 49.6% includes paver <br /> bricks, concrete borders, the old concrete garage slab, and portions of driveway. The proposed <br /> hardcover to remain or be reconstructed includes the house, deck, steps, the new garage, a <br /> narrowed driveway, and some selected areas of landscaping materials. It would appear that <br /> there are few ways to further reduce hardcover on the site without removing the rear deck or <br /> attempting to relocate the garage as an attached structure, which would likely be only 1 stall at <br /> best if moved forward, would require remodeling the east side of the house, and might still <br /> need a side setback variance. A majority of the hardcover on the site is/will be within 75 feet of <br /> the lake. <br /> Structural Coverage Variance <br /> The Zoning Code Section 78-1403(a)(2) allows up to 1,500 sf of structural coverage for any lot of <br /> area less than 10,000 sf. The structural coverage for the applicants' property includes the <br /> existing house at 1,085 sf and proposed garage at 441 sf for a total structural coverage of 1,516 <br /> sf, requiring a slight variance of 16 sf. The proposed garage could be shrunk by a few inches in <br /> each dimension to result in no variance, but it is already near a minimum size for functionality. <br /> Reducing the size of the existing house would not be practical. <br /> Lakeshore Setback Variance <br /> The proposed garage at 18.5 feet from the creekbank and 929.4' lakeshore contour will be <br /> approximately 8 feet further from the creek than the prior garage. Photos in City files document <br />