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� { <br /> t FILE�k15�768 <br /> Novrmber 12,2015 <br /> Page 3 of 5 <br /> 3. The appltcant establishes that there are practical difficuities <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 /> 4. The special conditions applying ta the structure or{and in question are peculiar to such <br /> property or immediately adjoining properly. <br /> 5. 'fhe conditions do not apply generally to othe�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 vf a <br /> substantlaE property right of the applicant. <br /> 7. The granting af the proposed variance will not in any way impair health, safety,comfort <br /> or morals, or in any other respect be cantrary to the intent of this chapter. <br /> 8. The granting of such variance will not merefy serve as a convenience to the applicant, <br /> but is necessary to allevtate demanstrable difficulty. <br /> (by The board or rnuncil may impose conditions in grantEng of variances.Any condi#ions <br /> impased must be directly related ta and must bear a rough proportianality to the impact <br /> created by the varfance. No variance shall be granted or changed beyond the use permitted in <br /> this chapter in the district where such land is located. <br /> Review of Revised Plans <br /> Hardcover Variar�e <br /> The property clearly has excesses of hardcover which can and sh�uld be removed.A majority of <br /> the hardcover on the site is/will be within 75 feet of the lake. <br /> The hardcaver proposed to be removed resulting in a decrease from 51% to 48.996 includes <br /> paver bricks, toncrete borders, tfie oid ooncrete garage slab, and partions of driVeway. The <br /> proposed hardco�er to remain or be reconstructed ir�cludes the house, deck, steps, the new <br /> garage, a narrowed driveway, and some selected areas of landscaping materials. It would <br /> appear that there are few ways to furthe� reduce hardcover on the site without removfng the <br /> rear deck or attempting ta relocate the garage as an attached structure, which would likely be <br /> only 1 stall at aest if moved forward,would require remodeling the east side of the house, and <br /> m(ght still need a si�e setback �ariance. Applicant has provided estimates showing the oost <br /> difference between the proposed detached garage and an attached garage(see Exhibit D). <br /> Structural Coverage Varlance <br /> The revised proposal for a 20'x20' detached garage no fonger requires a variance to the <br /> Structura!Coverage code section. <br /> Lakeshare Setback Varfance <br /> Reducing tts depth by 1 foot allows the praposed garage to be 19.5 feet from the creekbank and <br /> 929.4' lakeshore contour rather than 18.5 feet, ar approximately 9 feet further from the creek <br /> than the prio�garage. Photos 9n City files document an event when the creek had flooded the <br /> rear of the prior garage at an elevation around 932'. The new garage will be located with its <br /> floor at 933.5'and would not be expected to flood. <br />