10-17-2016 Planning Commission Packet

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FILE#16-3872 12 Oct 16 Page 4 of 4 structures. The proposed structure meets all but the front setback due to the home location.This criterion is 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. The accessory building in the proposed location will not impair the health, safety,comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.There are no conforming locations to construct such an accessory building on the property;this criterion is met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, and has requested additional information from the application in order to determine whether the project is likely to impact the existing or future septic sites. The attached letter from the Building Official provides additional information. All outstanding septic issues must be resolved prior to the issuance of a building permit. 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 the location of the existing home, septic sites, and wetland/pond on the property make locating a conforming accessory structure, particularly an OAS in the size as permitted, difficult.The impact of a 1,200 square foot"two story" barn will be mitigated by both the existing wooded areas and the distance between the building and the homes on adjacent properties. 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 the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval of the variance in conjunction with the property owners agreeing to the OAS covenants in the approval resolution.