03-21-2016 Planning Commission Packet

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File#16-3808 14 Mar 16 � Page 4 of 5 applicant. The home on the property will be placed in the same orientation as the neighboring home to the north with a 10'side setback and "back yard"area to the rear(east); and c. The variance will not alter the essential character of the locality. The relatively minor nature of the lot area variance or the"flipping"of the rear and side yard setbacks will not alter the character of the neighborhood. It does not appear that the requested variances will adversely impact the adjacent property owners. The designation of the south boundary line as the front property line is not perceptible to the neighborhood, especially while the house is oriented to the NW,toward the defined street side yard. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The nearly conforming,yet substandard lot area of the property is not uncommon in the surrounding neighborhood. The orientation of the proposed home resulting in the rear setback variance will maintain character of the immediate neighborhood. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's unique location and configuration on the corner results in it being a standout in the neighborhood. The variances will allow conformance with the neighborhood. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The requested variances to allow redevelopment of the subject property are reasonable and necessary to preserve a substantial property right of the owner. 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 the requested variances will allow for the character of the neighborhood to be maintained, will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The size of the Property;the corner lot configuration; orientation of the adjacent homes create practical difficulties affecting the Property; the variances are necessary and will not merely serve as a convenience to the applicant. 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 will be 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.