09-18-2017 Planning Commission Packet

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FILE#17-3968 18 Sept 2017 Page 5 of 6 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size is unique to the majority of lots in this immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property is 0.22 acre in area and is surrounded by properties with more than double the subject property's acreage.The conditions do not apply to other land in the immediate neighborhood and district.Granting the variance proposed to encroach into the lake yard would be inconsistent with the neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, rear yard and average lakeshore setback variances are necessary for the preservation of the property right of the applicant.The lake setback,and 75-foot hardcover variances are not critical to the preservation of this same property right. 11. 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 lot area, lot width, rear yard and average lakeshore setback variances in this unique situation is not contrary to the intent of the zoning chapter. However,the lake setback, and 75-foot hardcover variances may impair safety and comfort as protected by the chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variances for lot width,lot area,and average lakeshore setback are necessary, and do not merely serve as a convenience to the applicant. 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 would be served by City sewer. 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 inherent to the size,shape,and location of the property practical difficulties exist which justify the lot area, lot width, and average lakeshore setback allowing development. The City adopted ordinances over the past year to address inadequacies in the small, and/or narrow existing properties, and disproportionate distribution of lot area within the 75-foot setback for hardcover on Tier 1 lots.The applicant has requested a lake setback variance for the new home. The lake setback reflects as much as a 3 foot encroachment of the corner of the home/entry stoop which could be redesigned..These encroachments are not supported by practical difficulties. The hardcover within the 75-foot setback, while offset with two existing to-be-removed concrete features is not supported by substantiated practical difficulties.