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FILE#LA18-000015 <br /> 19 Mar 2018 <br /> Page 4 of 5 <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting the requested variance will provide <br /> relief to the applicant regarding the lot shape and existing conditions of property. <br /> 11. The granting of the proposed variance will not in any way impair health,safety,comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances will not adversely impact health, safety, comfort, or morals; nor <br /> will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant,but <br /> is necessary to alleviate demonstrable difficulty. The shape and orientation of the <br /> Property create practical difficulties affecting the Property; the variance is necessary <br /> and not merely serve as a convenience to the owners. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Staff finds practical difficulties exist due to the property's unique shape and size. The existing <br /> detached garage can be legally reconstructed in the same footprint and location.While it doesn't <br /> exist currently, the assumed hardcover serving the existing garage could be constructed at any <br /> time by the property owner.The permitting requirements apply if the project results in over 50 <br /> cubic yards of disturbance. Therefore the applicant's argument regarding the use of the total <br /> assumed hardcover as"existing"hardcover level may be reasonable.Please review the applicant's <br /> hardcover analysis in Exhibit B. Their proposal includes maintenance of the hardcover at or below <br /> the existing plus assumed driveway hardcover level of 28%; correcting a setback encroachment <br /> by constructing a new,larger garage closer to the existing driveway. Staff supports the variance. <br /> Public Comments <br /> Public comments have been received and area attached as Exhibit H. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted,will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br />