CC PACKET 01242012 - Laserfiche WebLink

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C states that no variance will be =panted unless evidence presented sup ports the following facts and that strict 14 �) b' supports b enforcement would cause practical difficulties because: The pro petty cannot be put to a reasonable use without the variance. Mr. Tom Moffatt: reported that the intent of the project is to create a "base of operations" for canoe and kayak rental at Silverwood Park, thereby providing the public with additional recreational access to Silver Lake. I -Ie further reported that the Park District feels that it is reasonable to locate a small shed supporting these activities in close proximity to the rental and boat launch area. Compliance with the Lakeshore Setback Ordinance would place the shed well up the lakeside hill, resulting in a distance that is both difficult in assisting park patrons and responding quickly to any emergency. 'The circumstances causingthe he practical difficulties were not created by the owner. The circumstances of the perceived practical difficulties are not of the applicant's making. The practical difficulty is created by the City's Zoning Ordinance that was adopted in part to protect the fragile environment that naturally exists on Silver Lake from overdevelopment. As Mr. Moffatt states in the Written Statement, locating a 12' x 18' shed is in keeping with the Park District's recreational and environmental education model. The variance, if -granted_ will not alter the essential characteristics of the locality. The applicant states that locating a canoe and kayak rental shed would not alter the essential character of the locality. This shed is a reasonable and expected structure at a lakeside. Mr. Moffatt states that structure's design will mimic the natural tones and design of the existing visitor's center and is intended to blend with the surroundings as much as possible. The Planning Commission discussed the height of the proposed shed and Mr. Moffatt indicated that in speaking with the carpenter, the height may be driven by the pitch of the roof. I -Ie indicated that it is also their wish to maintain as low a profile as possible for the use but also accommodate the length of the canoes and kayaks. Mr. Moffatt also stated that no hazardous material will be stored in the shed and that only about 5 gallons of fuel for a 9HP outboard motor. He indicated that he was also researching a solar powered motor that would be in keeping with the environmental mission of the Park and the philosophy of'Three Rivers Park. Economic considerations alone are not the basis of the practical difficulties. The applicant states that having a boat rental shed 80 feet from the lake shore is not an economic consideration but an effort to provide efficiency of operations as well as staff and participant safety. The circumstances causing the practical difficulty are unique to the individual lot. The applicant feels that the practical difficulties are unique to this property due to the park and recreational setting. As Mr. Moffatt has stated, the Park's operational model is one of a recreation site. The Silverwood Park property is appropriately zoned Recreational/Open Space and recreational boating activities are unique to this zoning designation when a lake is part of the property. The granting of the variance is in keeping with the spirit and intent of the Zoning Code and Comprehensive Land Use Plan. Staff has determined that the applicant's request is in keeping with the spirit and intent of the City's Zoning Code or Comprehensive Land Use Plan as this property is zoned Recreation/ Open Space. Action: Establish Findings of Pact for this request, based on information and testimony presented by the applicants, the public and Staff and pass a recommendation to Council regarding the variance request to the Lakeshore Setback requirement in the City's Zoning Code. Communications: Staff has not received any public response to the applicant's proposed variance