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FILE#16-3875 <br /> October 17,2016 <br /> Page 4 of 5 <br /> with the homes on either side, though there are smaller homes in the <br /> neighborhood. <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 location of the watermain through the <br /> lot,and not within an easement does impact the property,and the ability for the owner <br /> to improve the lot. This is peculiar to the subject lot. The small lot does add challenge <br /> to reasonable improvements for the property. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The watermain does not impact other properties in the area the <br /> same way. This watermain effective makes the side yard setback 19-33 feet, <br /> depending on the location of the watermain. Other lots in the area have received <br /> variance to improve the properties. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The lot permits approximately 2400 square <br /> feet of buildable area. It seems likely that some variance would be necessary to build <br /> a home with the typical amount of covered parking and the amount of living space <br /> consistent with the neighborhood. <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. There has <br /> been no evidence to suggest that the variances would impact the health, safety, and <br /> comfort of adjacent parcels or the city at large. The City has received some comment <br /> regarding the care and preservation of the gravel access road, primarily through a <br /> construction impact standpoint. An inspection of the road should be completed prior <br /> to construction to establish a baseline. <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 applicant appears to propose <br /> a home that minimizes encroachment into the lake zone (average lake and lake yard). <br /> The Planning Commission should discuss whether the level of encroachment is <br /> appropriate. <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 /> 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 /> Analysis <br /> The proposed improvement seems consistent with recent neighborhood improvements. The <br /> encroachment into the 75 lake yard is greater than the current encroachment, but will have <br /> negligible visual impact to the lake. To lessen the encroachment, the house would have to be <br /> redesigned, and likely the garage shifted to the north side of the lot. A rear yard variance is likely <br />