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, , <br /> � , FILE t�1�r3769 <br /> Odober i5,2015 <br /> Page 3 of 8 <br /> 3. The applicant establishes that there are practical difficultles <br /> � a. The properly 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 after the essential character of the locality. <br /> Adtiitionalfy City Code 7&123 provldes additianal 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 questian are peculiar to such <br /> property or immediately ad]oining 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 ts necessary for the preservatton and enjoyment af a <br /> substantial praperty right of the applica�t. <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 difticulty. <br /> {b}The board or council may Impose conditRons in granting of varfances.Any oonditions <br /> imposed must be ciirectly related to and must bear a rough proportionality to the impact <br /> created by the varfance.No variance shall be grartited or changed beyond the use permitted in <br /> this chapter in the district where such land is located. <br /> Flardco�er Variance <br /> The property clearly has excesses of hardoo�er which can and should be removed. The <br /> hardcover proposed to b¢ removed resulting in a dec�ease from 6196 to 44.6% includes paver <br /> bricks, concr�ete borders, the old concrete garage slab,and portions of driveway. The proposed <br /> hardcover to remain or be reoonstructed 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 hardcaver 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 hardoove�on the site is/will be within 75 feet af <br /> the la ke. <br /> Structural Wverage Variance <br /> The Zoning Code 5ection 78-1403(a)(2) allows up to I,SOQ sf of structural coverage fo�any lot of <br /> area less than 10,000 sf. The structural coverage for the applicants` property inctudes the <br /> existirtg house at 1,Q85 sf and propased garage at 441 sf for a total structurai wverage of 1,516 <br /> sf, requiring a slight variance of 16 sf. The proposed garage could be si�runk by a few inches in <br /> each dimension to result in no Variance, but it is afready near a minimum size for functrvnality. <br /> Reducing the size of the existing house wouicf nat be prectical. <br /> LakesFwre Setback Varlance <br /> The proposed garage at 18.5 feet frorn the creekbank and 929.4' iakeshore contour will be <br /> approximately S feet further from the creek than the prior garage. Photos in City files document <br />