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FILE#16-3835 <br /> 15 June 2016 <br /> Page 4 of 5 <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The property's location on the point of <br /> Fagerness Point Road is unique to the property;and the application of the setback <br /> requirements causes a practical difficulty. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's location on the point of Fagerness Point Road is <br /> unique and applies primarily to this property;The application of the setback <br /> requirements virtually eliminates the ability to improve the property without a <br /> variance,a practical difficulty. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting the variances to make <br /> modifications to the roof to allow for increased roof ventilation and water runoff off <br /> of the roof is necessary for the preservation of the owner's property rights. <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 contrary to the intent of this chapter.The <br /> proposed project will not impair the health,safety,comfort,or morals of the public. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. Granting of the variances will <br /> resolve and alleviate a demonstrated practical difficulty caused by the application of <br /> the lake and average lakeshore setbacks applied to the property. <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 the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Septic System Status <br /> The property is served by City sewer. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, <br /> and should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> The applicant's plan to modify the roof eaves and overhangs on the gable ends requires <br /> variances where normally changes to the roof or overhangs would be considered a <br /> nonencroachement to a setback per City Code Section 78-1405. Normally the home would be <br /> constructed up to the setback, the nonencroachement provision allows for overhangs to extend <br /> up to two feet further into the setback. Because the house exists within the setback this <br /> provision is not applicable therefore the variances are necessary. <br /> Public Comments <br /> No public comments have been received. <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 />