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� <br /> . FILE#16-3851 <br /> 13 Sept 2016 <br /> Page 3 of 3 <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 <br /> the requested variances will not adversely impact health,safety, comfort,or morals; <br /> nor 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 <br /> garage create practical difficulties affecting the Property;the variance is necessary <br /> and does not merely serve as a convenience to the 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 /> Septic System Status <br /> The property is served by city sewer. <br /> Practical Difficulties Statement <br /> Applicant should be asked for testimony regarding the practical difficulties. <br /> Practical Difficulties Analysis <br /> Staff finds that the nonconforming location of the OAS (garage) constitutes a practical difficulty <br /> with respect to making any typical residential improvements such as plumbing. <br /> Public Comments <br /> To date, no public comments were 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 /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter <br /> the essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Staff recommends approval of the variance as requested. Staff would also suggest the applicant <br /> apply a recorded covenant which states that the accessory building will not be: <br /> 1. Used for a home occupation unless specifically approved by the city or if allowed by this <br /> Code. <br /> 2. Used as a dwelling unless a guest house conditional use permit is obtained. <br /> 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. <br /> Such covenant shall be binding on current and future property owners and shall be filed in the <br /> chain of title of the property. <br /> i <br /> � <br />