03-21-2016 Planning Commission Packet

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File#16-3813 15 Mar 16 ' Page 4 of 5 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The subject property's specific slope conditions do not apply to adjacent properties. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting hardcover and lake setback variances to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. Granting hardcover and lake setback variances for the retaining walls within the 75-foot lake setback will not adversely impact health,safety,comfort or morals,or in any way be contrary to the ordinances. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The applicant has demonstrated practical difficulties which support granting of hardcover and lake setback variances to permit the construction of the tiered retaining walls and in-kind replacement of the wall within 75 feet of the OHWL. However, a practical difficulty was not demonstrated which supports allowing the additional portions of new wall on the north side of the boathouse within the 75-foot setback. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Regarding the retaining walls between the boathouse and lake access stair, staff finds practical difficulties exist in the existing condition,and the need to stabilize and protect the slope from failure. The wall on the north side is a partial in-kind replacement;the applicant is proposing to construct a linear wall from the boathouse to the north side property line where it will meet up with the neighbor's wall. Staff conducted a site visit and based on the observed site conditions did not find the slope in need of a retaining wall to be maintained on the north side of the boathouse. The wall proposed on the north side of the boathouse does not appear to be critical to maintaining slope stability, rather will facilitate continuation of the flat area adjacent to the lake. Possibly this area is used for winter dock storage, however there are other options for dock storage on the property.