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FILE #16-3871 12 Oct 16 Page 4 of 5 challenges for construct an accessory garage in a conforming location. Additionally, the location of the septic sites and wetland on the property further restrict options. The building may only be partially visible from the street and the neighbor to the south. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the home; septic sites; and topography create a unique situation on the property. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property is permitted accessory structures. The proposed structure meets all but the front setback due to the home location. This criterion is met. 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. The accessory building in the proposed location will not impair the health, safety, comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. There are limited conforming locations to construct an accessory garage on the property; this criterion is met. 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 Staff has completed a preliminary review of the project for compatibility with the septic system, and requested additional information to determine that the project will not impact the existing or future septic sites. The attached letter from the Building Official provides additional information. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that the location and orientation of the existing home, septic sites, and topography on the property make locating a conforming accessory structure, particularly an OAS in the size as permitted, difficult. The impact of a 1,408 square foot garage will be mitigated by both the existing wooded areas and the distance between the building and the homes on adjacent properties. Public Comments No public comments have been received. Issues for Consideration 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? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Does the Commission find it necessary to impose conditions in order to mitigate the