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FILE#16-38�5 � <br /> February 12,2016 <br /> Page 4 of 5 <br /> 3. The applicant establishes that there are practicai difficulties: <br /> a. 7he property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The property owner is p�oposing to use the <br /> property in a reasonable manner hut reasonable use of the property Es limited <br /> by back lot setback requirements associated with 2-acre zoning when applied <br /> to this 1-acre lot. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> �The piighi of the property owner i� di�� to ti�e application of 2-acre zanE �iack <br /> lot standards to a 1-acre lot; the landowner did not create the substandard lot <br /> situation,it was a result of a zoning change in 1975;and <br /> c. The variance will nat alter the essential cheracter of the locality. Applying the <br /> normaf LR-lA side setback standards for future de�elopment/redeveloprnent <br /> of the property will have minimal impact on the character of the neighborhood, <br /> as rnost other lakeshore homes in the neighborhood are subject to the normal <br /> LR-1A standards. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. 7he special conditions appiying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The application of back lot standards is <br /> peculiar to this property only, based on the reconfiguretion of the original Dicon <br /> Addition in 1995. This is tfie only back lot configuration in the surrounding <br /> neighborhood. <br /> 5. The conditions do not apply generalty to other land or structures in the district in which <br /> the land is located. The applicant's praperty is the anly property in the neighborhoad <br /> that is subject to the back lot standards. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Application of the back lot standards <br /> reduces the buiidable width of the 160-foat wide lot fram approximately 100 feet to <br /> approximately 70 feet,and limits the ability to replace the existing home with a similar <br /> home unless replaced exactly tn kind. <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 cantrary to the intent of this chapter. Granting the <br /> variance to allow side setbacks typical of the tR-1A zoning district is not anticipated to <br /> have any negative impads to health,safety,comfort or morals. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. If the variance is not granted the <br /> property owner will be limited in his abiiity to replace or make additions to the <br /> existing home exceErt exactly in kind. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to <br /> the impact created by the variance. No variance shail be granted or changed beyond the use <br /> permitted in this chapter in the district where such iand is located. <br />