2021.10.04 CC Packet - Laserfiche WebLink

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Lakeview Family Dentistry Site Plan and Variance Requests (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The applicant is proposing to use the property in a reasonable manner that is consistent with the use of the existing building. It is reasonable to add on to an existing business. The property is subject to a maximum impervious surface coverage of 25% because it is within the Shoreland Overlay District. However, standard C-1 zoning allows up to 90% of the lot to be covered by impervious surface. It is reasonable for a commercial property to need additional impervious surface to meet the minimum parking requirements. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that it is legal nonconforming and the existing impervious surface of the lot exceeds the maximum impervious surface requirement per ordinance, and therefore any modification to the existing building requires a variance. Additionally, the property is uniquely shape, limiting the design and layout of the site. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Other neighboring properties are also legal nonconforming to the zoning district requirements and have similar uses and impervious surface coverage. The property is also located within the Downtown District and the applicant is proposing to match the existing architectural details of the building, meeting the Downtown Design Guidelines. The proposed site plan will not alter the essential character of the neighborhood and will continue to conform to the Downtown Design Guidelines. It is in staff’s opinion that there are practical difficulties in meeting the impervious surface coverage requirement outlined in the Shoreland Overlay District. The applicant’s request to add on to an existing building is reasonable and the expansion is intended to meet the needs of the growing business. The property is unique in that the existing building does not conform to the Shoreland Overlay District standards, although it conforms to the C-1 zoning district standards. The proposed addition and site plan will be of matching materials to the existing building and therefore will not alter the character of the neighborhood. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance is to allow central business district properties to have a sufficient amount of parking and buildable area on site to accommodate business operations. The C-1 zoning district allows up to 90% of a lot to be covered by impervious surface coverage to