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FILE#16-3833 <br /> 14 June 2016 <br /> Page 4 of 5 <br /> OHWL and is on the top of a bluff. Most of the neighboring homes with the exception <br /> of the property to the east have homes which meet the 100-foot setback. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The pool is a traditional accessory structure <br /> in residential areas. The pool located as proposed better serves the intent and goals <br /> of the ordinance by minimizing visual impacts to the lake, maintaining maximum <br /> distance from adjacent properties, and is located out of drainage ways. <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 proposed <br /> 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. <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 septic system on the property is non-conforming and needs to be replaced. Until very <br /> recently,the property owner was exploring a possible connection to the City's sewer system; <br /> that request has since been withdrawn. An escrow in the amount of$15,000 was provided by <br /> the property owner to guarantee compliance with the City's septic regulations.The property <br /> owner will be proceeding with the design and installation of a new conforming septic system <br /> this summer. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that the location of the existing home which currently encroaches into the 100-foot <br /> setback makes it difficult to make modifications or additions to and around the home. The <br /> property is large and wide;there is a 23 foot elevation difference between the lake level and the <br /> home which offers a feeling of spaciousness and screening from any visual impacts resulting from <br /> the location of the home. The applicant's proposal to construct an in-ground pool on the west <br /> side of the home where previously an octagonal portion of the home existed will be 25 feet <br /> lakeward of the average lakeshore setback and 9 feet into the 100-foot setback. Due to the <br /> elevation change from the lake level to the home level the in-ground pool will not be visually <br /> apparent when viewed from the lake. Further, it does not appear that the adjacent property <br /> owners will be adversely impacted by the pool. Staff finds that there are special conditions <br /> relating to the existing home and property which support granting the requested lake setback and <br /> average lakeshore setback variances for the pool. <br /> Engineer Comments <br /> The City engineer has not reviewed the currently proposed plan but will do so prior to the building <br />