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FILE # 17-3972 October 16, 2017 Page 4 of 5 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 size of the subject property is not conforming to the LR -1C area or width standards. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. This site is unique is that there are currently many existing nonconforming encroachments. This lot is small in size for the LR -1C District. The applicant is proposing to maintain the existing setbacks for the accessory structure and hardcover which does not apply to other parcels. The applicant has not indicated a reasonable request pertaining to the expansion for structural coverage. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has indicated the variances are necessary. 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 the requested variances that meet the same setback as the existing structure and hardcover seem reasonable. The structural coverage variances request does not seem in line with the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. While the location of the existing detached structure and the existing hardcover of the lot may support the requested setback variance and hardcover variance; the requested structural coverage variance has not been shown to be supported by a demonstrable practical difficulty. 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. 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 The structural coverage of the lot is proposing to increase from existing 1,876 (17.3%) to 2,204 s.f. (20.3%). Although they are proposing a conforming size of an accessory structure at 884 s.f. the overall structural coverage for this parcel is exceeding the maximum 20% coverage by 40s.f. The applicant has not shown any practical difficulties inherent with the property supporting the increase in structural coverage. The setback variances and hardcover variances are not proposing to change or increase compared to the existing detached garage. The small size of the lot and practical difficulty analysis shows support approving the proposed side and rear setback and hard cover variance for the new detached garage. Engineer Comments A comprehensive review will be done at the time of the building permit.