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FILE#16-3812 <br /> March 16,2016 ' <br /> Page 4 of 5 <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. In the opinion of staff,granting of the <br /> variances will resolve a demonstrated practical difficulty, <br /> The Commission may recommend and the Council may impose conditions in granting of <br /> variances. Any conditions imposed must be directly related to and must bear a rough <br /> proportionality to the impact created by the variance. No variance shall be granted or changed <br /> beyond the use permitted in this chapter in the district where such land is located. <br /> Analysis—Average Lakeshore Setback Variances <br /> The location of the applicants' existing residence is conforming to the zoning standards of the RR- <br /> 16 Rural Residential District. However, the Shoreland Overlay District regulations regarding <br /> average lakeshore setback are impossible to meet for constructing additions to applicants' home. <br /> The adjacent residence structure on the lakeshore lot to the immediate south is located less than <br /> 15 feet from the Brown Road right-of-way where a 50' setback would normally be required. That <br /> adjacent home is one of the original farmhouses in the Dickey Lake area and has been at this <br /> location for many decades (see 1937 airphoto). If that residence was setback the minimum 150' <br /> from the OHWL of Dickey Lake, applicants would not need an average setback variance. <br /> Additionally, due to 1) the curvature of the lakeshore; 2) the location of the additions; and 3) the <br /> substantial amount of vegetative screening along applicants' south lot line, the neighboring <br /> property's existing lake views would appear to not be impacted by applicants' proposed <br /> improvements. <br /> It should be noted that while the roof design over the existing house may be changing slightly, <br /> they are not adding a second story. The proposed garage will have some low-headroom storage <br /> above but will not constitute a story. Based on granting of the average setback for the additions <br /> and remodeling, if the applicants ultimately determined they need to do a complete teardown, <br /> this variance would allow them to rebuild per the approved plans without additional Council <br /> action. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit D, and <br /> should be asked for additional testimony regarding the application. <br /> Neighbor Comments <br /> As of this writing the City has received no comments from neighboring property owners. Both <br /> adjacent neighbors have signed the Neighbor Acknowledgement form. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. If the Planning Commission concludes that the variance as requested is justified, <br /> does the Commission find it necessary to impose conditions in order to mitigate any <br /> impacts created by the granting of the variance? <br /> 4. Are there any other issues or concerns with this application? <br />