05-23-2016 Council Packet - Laserfiche WebLink

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5. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique conditions do not generally apply to other land or structures in the district. The majority of land developed within the wetland and shoreline districts are single family residential. Approving a variance for public parks improvements would not apply directly to other land uses. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The ordinance provisions were drafted primarily to apply to the predominant land use in the city, single family residential. Applied to a park use, the enjoyment of the property is threatened because the ideal park and open space incorporates vegetation, slopes, wetlands, and water features. 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 fence as proposed will not block views from neighboring properties, and due to its design and distance from the lake, will not be visually impactful from the lake. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Location of the fence at the setback and at the necessary height is not merely a convenience, it is the planned efficient use of city resources to create a desirable experience for park users. The 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. Practical Difficulties Statement Planning and Public works staff developed the practical difficulties responses, outlined above. Staff will be available to address any questions during the meeting. Public Comments To date, staff has received no comments for or against the proposal, though some phone calls have been received. Issues for Consideration 1. Does the City Council find that that the improvement is reasonable manner but not permitted by an official control? 2. Does the Council find that the variances, if granted, will 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)? For instance, the Council could support a variance from the lake setback, but require the 35’ wetland separation be met. 4. Are there any other issues or concerns with this application? COUNCIL ACTION REQUESTED: Staff should be directed to draft a resolution to support the Council’s decision. List of Exhibits Exhibit A Practical Difficulties Statement Exhibit B Park Plan Exhibit C GIS Analysis