02-19-2008 Planning Commission Packet

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t #08-3344 Big Island Dock System February 13,2008 Page 5 6) "The Board of Appeals and Adjustments or the council may not permit as a variance any use that is not permitted under the zoning chapter �or property in the zone in which the subject property is located". Public parks and docks are permitted uses within the RS Distric� 7) (LTse of one-family dwelling for two families)Not applicable. 8) "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property". The conditions that apply to this property are similar to conditions that apply to other Big Island properties, with the exception that the property is guided and used as a public . park. . 9) "The conditions do not apply generally to other land or structures in the district in which said land is located". The conditions applicable to this property are similar to conditions that apply to other Big Island properties, except that this property will be used as a public park. 10) "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant". Without the variances a suitable dockage situation for public use of this public property would not be feasible, and reasonable use would be denied 11) "The granting of the proposed variances will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code". Granting of the variances will have no negative impacts and will be in keeping with the public use intent of the City for this property. � � � � 12) "The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonsirated hardship or difficulty". If the variances are not granted, the City will not be able to provide a safe,functional dockage situation for this public property. Since access via boat is the only means of access to the property, the inability to provide a safe,functional access would be a hardship. From the perspective of staff s dual role as applicant and reviewer for this project, it � would appear that reasonable use of the Big Island Park property for its intended public purposes relies on establishing a safe and functional dock landing system meeting the pertinent ADA and other applicable standards, and that the variances requested for the platforms and walkways are necessary to allow such use.