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FILE#LA18-000102 <br /> 22Jan 19 <br /> Page 5 of 7 <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The lot area,lot width,and average setback <br /> standards applying to this property are similar to those of other properties in the <br /> neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The standards applicable to this property apply to all other <br /> property in the neighborhood; however, due to the shape of the property as well as <br /> the setbacks,the applicants' hardcover variance requested may permit similar <br /> development of the property that other similar-sized lots in the neighborhood are <br /> afforded, a variance to lot area and width is required. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. In the opinion of staff,the property rights of <br /> the owner will be diminished if the lot area and lot width variances are not granted,as <br /> the new residence would not be able to be developed. <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 of <br /> the variances would not impair health, safety, comfort or morals and would not be <br /> contrary the intent of the zoning 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 size, shape, and width of the <br /> property, as well as the configuration create practical difficulties affecting the subject <br /> property;the variances are necessary and will not merely serve as a convenience to the <br /> owner. <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 /> Applicable Regulation: Interim Use Permit (Section 78-1726) <br /> The Planning Commission may recommend and the Council may grant an Interim Use Permit <br /> (IUP). On the basis of the application and the evidence submitted,the city council <br /> determines that the use will comply with the following: <br /> 1) The use will meet the general performance standards in section 78-916 of this <br /> chapter; the proposed grading will conform to the standards within Section 78-916 <br /> of the Zoning Code. <br /> 2) The use is allowed as an interim use in the applicable zoning district;this statement is <br /> true. <br /> 3) The use will not delay anticipated development or redevelopment of the site;the <br /> proposed grading activity will be conducted in conjunction with the development of <br /> the new single family home on the property.This statement is true. <br /> 4) The use will not be in conflict with any provisions of the city code on an ongoing <br /> basis;the proposed grading activity will not be in conflict with the Code. <br /> 1. The use will not adversely affect the adjacent property,the surrounding neighborhood, or <br /> other uses on the property where the use will be located; this standard requires that the <br />