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FILE#14-3664 May 15,2014 � Page 4 of 7 Lake Setback& Hardcover Variance Analysis The majority of the subject property is unbuildable as all but the rear 26'-40' is located within 75' of the OHWL. This creates a practical difficulty for redevelopment of the property. However, the applicants do have the right to replace the existing residence in-kind if they choose to do so. From a footprint perspective,the existing house and proposed house are nearly identical at around 1400 s.f. The proposed house will be 2 full stories rather than the existing 1-1/2 story structure. While the applicants' proposal will not increase hardcover, it will increase the visual bulk and massing as compared to the existing home. The propose low-pitch roof will help to keep the new home from visually towering over the neighbor to the west. Conditional Use Permit Analysis City Code Section 78-966(a)(2) indicates that landowners must obtain a CUP from the City prior to engaging in activities that include fill to elevate or alter the existing natural grade. In this project the applicants propose grading that will direct runoff from the HCRRA right-of- way around the house and to the front, with the intent to not direct drainage to neighboring properties. The CUP is required because a portion of the grading work and the new retaining wall at the lower parking area are within 75' of the lake. By code, conditionally permitted uses must be reviewed using the criteria found in Sections 78-916 and 78-1286 of the Shoreland regulations. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions irnposed on specific uses as required by article V, division 3 (i.e. 78-966 thru 78-968) of the City Code; (3) Adequately served by police, fire,roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare,vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means;