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, FILE#16-3846 <br /> July 13,2016 <br /> Page 5 of 5 <br /> constructed between 1956 and 1960 based on available airphotos. At the time the applicants' <br /> home was constructed, the City would have not had a 75' setback from the creek. Prior to 1992, <br /> the creek would have been considered as a wetland for setback purposes, with a structure <br /> setback requirement of 26' and no hardcover limitations. <br /> Practical Difficulties Statement <br /> Applicants have submitted the Practical Difficulties Documentation Form attached as Exhibit D, <br /> and should be asked for additional testimony regarding the application. <br /> Neighbor Comments <br /> The applicants have provided statements of support from neighboring property owners to the <br /> immediate north and directly across the creek (Exhibit 1). <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 variances, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. If the Planning Commission concludes that the variances as requested are justified, <br /> does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the variances? <br /> 4. Are there any other issues or concerns with this application? <br /> Staff Recommendation <br /> Staff recommends approval of the requested variances. If Planning Commission determines that <br /> the practical difficulties test is met and the variances are justified, then a recommendation for <br /> approval would be in order. <br />