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M02-29I0 <br />July 16,2003 <br />Page 4 <br />6.“The Board of Appeals and Adjustments or the Council may not permit as a variance <br />any use that is not permitted under this Chapter for property in the zone where the <br />affected person's land is located." <br />N/A. <br />7."The Board or Council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling," <br />S7A <br />8.“The special conditions applying to the structiue or land in question are peculiar to such <br />property or immediately adjoining property." <br />The lot size of this property is not unique to the neighborhood, however when compared <br />to the bulk of the lots in the RR-JB this lot is unique. The uniqueness lies in the Code. <br />The RR-1B zoning setbacks are a hardship for this property. <br />9."The conditions do not apply generally to other land or strucUires in the district in <br />which said land is located.” <br />The condition of a small lot size is unusual in the context of the RR-IB district. <br />10.The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” <br />Without a variance the applicant has very limited use of the property. <br />II."The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. <br />In the opinion ofstaff this criterion is met. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty." <br />The location of the well, and the deficient lot size for the district pose difficulties for <br />design and location for the project. In the opinion of staff this criterion is met. <br />Issues for Consideration <br />1 • Are there any negative impacts on the neighborhood by granting this variance? <br />2. Does the Planning Commission agree with staff that the location of the neighbor’s <br />garage, the fence, and the vegetative screening result in no negative visual impacts <br />caused by the porch in the proposed location? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Staff recommends approval of the variance to allow the porch addition 15’ from the side lot <br />line where a 30’ setback would normally be required. <br />L!