07-11-2016 Council Packet - Laserfiche WebLink

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7. “The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling.” This does not apply. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediatel y adjoining property.” Properties along the lake are required to meet setbacks, including the lake setback, which varies between 75 and 150 feet, depending on the type of lake. In almost every situation, the principal use of the property is carried out with construction of a principal structure, a dwelling or commercial structure. The special condition in this situation is the “principal” structure is the fence, far less obtrusive. Here, the special condition is this is public land, for the benefit of th e public, rather than for the private enjoyment of individuals. 9. “The conditions do not apply generally to other land or structures in the district in which said land is located.” There are no other off leash parks planned in the RR-1B zoning districts or elsewhere in the city. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The park is a public park, and the owners are the public, represented by the City Council. T he goal of this park improvement is to expand the benefit to the public, t he substantial property right of the applicant. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.” The requested variance is from a section of the code intended to preserve views from the lake into property and to preserve the natural character of wetlands. The variance will likely not be visible to those outside the park from the lake. The fencing will in many ways preserve and maximize the benefit of the wetland as dogs and people would be restricted from the wetland, disturbing wildlife within. The variance will allow for the continued effectiveness of the code for this project and this property. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variance allows the owner to install park fencing at the optimal location to the benefit of the public and it’s eventual users, while preserving the goals of the buffer and setback requirements. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Practical difficulties, when applied to accessory structures, are challenging to address, as accessory structures are accessory to the principal use and enjoyment of the property. As part of the planned and lawful improvement of the park, the owner intends to construct an off leash dog park. An off lease park is almost identical to other parks, except that pets are allowed to be off leash. The pets are controlled by their masters, and corralled using fencing, often chain link fencing. In this manner, the principal structure for the park is the fencing. The improvements are located to preserve the natural identity of the park by siting the fence to incorporate slopes, existing trails, and vegetation. The 47’’ woven wire fencing is designed to blend into the agricultural history of the property. The fencing is not proposed to be chain link because chain link is visually more apparent.