08-22-2016 Council Packet - Laserfiche WebLink

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Page 3 of 6 A6. The Owners have made several modifications to the plan since the Planning Commission review. The wetlands have been delineated, the fences do not encroach into the wetland, the fence has been removed from the buffer area of the wetland in the NW corner of the site. Further, to address concerns given by neighboring properties, the fence has been pulled south from the north property line. A7. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: B1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to maintain a rural, natural character adjacent to the lake. The fence is placed to minimize impacts to the lake, and is of a design intended to blend into a rural character. B2. The variance is consistent with the comprehensive plan. The global intent of the Comprehensive Plan is to maintain a certain character of the City, while establishing minimum standards for health, safety, and general welfare of residents. The fence proposed is consistent in character with minimal lake impact, and accomplishes certain health, safety general welfare goals identified by the City by offering expanded recreational opportunities. B3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property is currently a park. The improvements proposed are consistent with a park, which is a permitted use (publically owned parks and playgrounds). b. There are circumstances unique to the property not created by the landowner; The fence location is preferred to avoid invasive work within the wooded area. The trees were not planted by the property owner. c. The variance will not alter the essential character of the locality. The fence design is intended to blend into the park character which is rural. The fences are designed to blend into the landscape and will be minimally visible from the street and off the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: