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FILE # 16-3851 13 Sept 2016 Page 3 of 3 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. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the Owner. The Commission may recommend or 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. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by city sewer. Practical Difficulties Statement Applicant should be asked for testimony regarding the practical difficulties. Practical Difficulties Analysis Staff finds that the nonconforming location of the OAS (garage) constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. Public Comments To date, no public comments were received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not 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)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property.