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FILE #16-3839 <br />13 July 2016 <br />Page 4 of 6 <br /> <br />However, the hardcover variance to permit the addition in conjunction with the <br />reconstruction of the driveway may not be in keeping with the goals of the ordinance; <br />the driveway hardcover could be minimized to reduce overall hardcover. <br /> <br />The proposed side setback variance is reasonable considering the orientation of the <br />home and the resulting 10 foot setback. <br /> <br />2. The variance is consistent with the comprehensive plan. The requested variances are <br />consistent with the residential goals within the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; the construction of the garage addition to the <br />home is reasonable residential property. <br />b. There are circumstances unique to the property not created by the landowner; <br />The location of the home on the property 20 feet from the OHWL and less than <br />30 feet from the side lot line is an existing condition which predates the current <br />regulations as well as the current owner, and <br />c. The variance will not alter the essential character of the locality. The garage <br />addition will be screened from views from the lake by the house, will be keeping <br />with the style of the historic home, and will allow for sufficient interior storage <br />of vehicles and residential property maintenance equipment. <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 existing home on the property has <br />been remodeled through the years, yet predates the current zoning regulations <br />regarding setbacks, etc. and most of the homes on adjacent properties. <br />5. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The home and stone patio is situated right up to the lake. The <br />neighboring home to the west is situated at a similar setback to the lake and in a similar <br />orientation; the home on the property to the east is over 120 feet from the subject <br />home and is oriented toward the lake in the opposite direction. The proposal does not <br />appear to be out of character with the area. <br />6. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. This statement is true. <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 />garage addition 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. There is no other feasible way to <br />add addition space on to the existing garage as the house is angled toward the property <br />line. <br /> <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 />