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. <br /> � <br /> FILE#16-3851 <br /> 9 Aug 2016 <br /> Page 4 of 5 <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the officiai controls; The request to permit construction of <br /> additions to the existing garage,an oversized accessory structure,within the 30 <br /> foot side and rear setback areas appears to be reasonable as the adjacent <br /> properties do not appear to be adversely impacted;the mature vegetation and <br /> topography separate the Property from the adjacent neighbors.The proposed <br /> setback between the house and the garage at 9 feet is a corner-to-corner <br /> measurement. The encroachment will not create an unreasonable perception <br /> of additional massing. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The size of the garage,and the size and orientation property were not the result <br /> of actions by the landowner. The neighboring home is set back sufficiently to <br /> allow for light,air, and open space between the garage and the home; and <br /> c. The variance will not alter the essential character of the locality. <br /> The proposed additions to the garage and home will not alter the character of <br /> the neighborhood.The existing home plus detached garage to be expanded are <br /> set back sufficiently from Carman Street and it does not appear that a second <br /> story addition on the existing garage will adversely impact the neighbor to the <br /> south who has provided supportive comments.The structures on adjacent lots <br /> are set back 62 feet for the home and 27 feet for the detached garage to the <br /> north;and the home to the south is over 84 feet from the property line. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The applicant's home is a corner lot with a <br /> defined front yard on Shoreline Drive with the functional front facing Carman Street. <br /> The garage, constructed in 1975, is in a nonconforming location on the property. The <br /> proposed improvements to the garage will not increase the nonconformity. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The nonconforming location of the garage and the corner lot status <br /> make this property unique in the neighborhood. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff finds this criterion to be met. <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. Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals; nor <br /> will it be contrary to the intent of the Code. <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.The location and size of the garage <br /> as well as the garage's proximity to the home create practical difficulties affecting the <br /> Property; the variances are necessary and not merely serve as a convenience to the <br /> Owner. <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 />