06-20-2016 Planning Commission Packet

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#16-3837 13 June 2016 Page 4 of 5 for the home and 27-feet for the detached garage to the north; and the home to the south is over 84 feet from the property line. 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 nonconforming lot area and lot width of the property are not uncommon in the surrounding neighborhood. The applicant is building in the general location of the existing home due to the topography and the heavily wooded eastern portion of the property. However,the existing substandard setback to the north lot line will be improved (setback increased)with the proposed home. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The proposed home will be generally in line with the neighboring homes with respect to size and setback. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. 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 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 and width of the property and the topography create practical difficulties affecting the subject property; the variances are necessary and not merely serve as a convenience to the owners. 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 Staff finds that there are demonstrable practical difficulties supporting the lot area and lot width variance as well as the side setback variance requests. Engineer Comments The City's engineer briefly reviewed the proposed site plan with planning staff. A suggestion was made by the engineer to have the house or drainage plan updated to include any proposed gutters and downspouts for the building permit review. Public Comments No public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter