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FILE#16-3876 <br /> 11 Oct 2016 <br /> Page 4 of 5 <br /> character of the neighborhood should not be adversely impacted by the <br /> proposed variances. <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 property is divided by a wetland which <br /> separates the dry buildable land at the lake from the remaining dry buildable land <br /> limiting options for development,creating a unique practical difficultyfor 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. This is correct, the immediately adjacent properties do not have <br /> similar limitations. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The owner indicates that they would like to <br /> make driveway and patio areas more functional while reducing overall impervious <br /> surface within setback areas. <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.The proposed <br /> variances will not impair the health,safety,comfort or morals of the public. <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 Applicants have indicated that <br /> they wish to minimize hardcover by reorienting and reducing the existing <br /> nonconforming hardcover within the lake setback;reorienting the driveway.The width <br /> of the lot, proximity to the lake, and presence of the wetland on the property make <br /> locating a conforming spot for the pool shed difficult. <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 has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds that due to the limiting conditions on the property it may be reasonable to permit the <br /> encroachment into the wetland setback for a portion of the driveway;allow for reorientation and <br /> reduction of the pool patio hardcover within the 75-foot setback; and permit the pool equipment <br /> shed to be constructed between the side street and the home.The encroachment of the driveway <br /> into the wetland setback and the hardcover within the lake setback could be mitigated by <br /> incorporating native buffer plants into the drainage ditch/swale from the wetland to the lake; <br /> along the shoreline; and/or in the additional space between the driveway pavement and the <br /> wetland not within the buffer. <br /> Engineer Comments <br />