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#04.3007 May 10,2004 Page 7 3. 4. S. 6. 7. 9. “The variance, if granted, will not alter the essential character of the locality." Granting of lot area variance to allow a house to be constructed on the site will have only a minor impact on the character of the neighborhood, as long as the house meets the setback standards for the 2-acre zone (which will center the house on the lot more than for other lots in the neighborhood which were developed under a lesser standard) “Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of the Zoning Chapter.” Applicant has not suggested that economics are a factor. However, staff cannot ignore that the assessor ’s recent valuation increase on the property may be influencing the applicant's perceived value of the property... “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The lot size is typical of the immediate area, and all homes in the immediate area are subject to the 2-acre standards even though they are 1-acre lots. The wetland condition is a unique factor to this property and the vacant lot across the street from it. “The conditions do not apply generally to other land or stiuctures in the district in which said land is located." The lot size is unusually small for the LR-JA District. "The granting ofthe application is nccessaiy for the preservation and enjoyment of a substantial property right of the applicant." Granting of area variance is necessaiy to allow use for residential purposes. Whether the applicant has a right to use the property for that purpose is a function of wetland ordinances, laws and rules, how they have been applied in the past and how they wtll apply now. “The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting of the area variance to allow a house on the site will not be contrary to the intent of the Code if it can be demonstrated that the area designated as w etland is no longer serving wetland functions and cannot legally be required to be restored to Us condition prior to the filling. “The granting of such variance will not merely ser\'C as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Granting of the lot area variance may supported by hardship due merely to the later- imposed 2-acre requirement. However, the wetland status of the lot needs to be resolved in order to allow the lot to be built on.