11-24-2003 Council Packet - Laserfiche WebLink

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i 7. 8. 9. 10. M3-2917 August 18,3003 Pagt0uf7 Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.” The uses proposed are uses allowed in the LR -1A zoning district. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable “The special condiUons applying to the structure or land in question are peculiar to such property or immediately adjoining property." The conditions of non-conforming setbacks apply to the properties in the general neighborhood, especially on Crestview Avenue. The creek being adjacent to the property ana the setback zone being entirely within the applicant s property is a condition peculiar to the property. “•^e conditions do not apply generally to other land or structures in the district in which said land is located." The conditions of smaller lots with non-conforming setbacks do not apply generally in the LR - 1C zoning district but rather the immediately adjoining neighborhood. ^ * pie granting of the application is necessar>' for the preservation and enjoyment of a substantial property right of the applicant.” The granting of the setback variances and allowing additional hardcover in the 75-2^0 zone is necessary for the applicant's to construct a reasonable sized house. Allowing structure to encroach in the 75' creek setback, including hardcover, is not necessary when other options are ax ailable. H'ith this request, without allowing structure in the 0-75 ' ro/ie o reasonably sized home can still be constructed. 11. "Tht granting of the proposed variance «ill not in any way impair health, safety, effort, morals, or tn any other respect be contrary to the intent of the Zoning The granting of the lot area, and setback variances, consistent Kith '/■ acre setbacks mil not mpir health, safety, comfort, morals, or the intent of the Zoning Code since (he characteristics of the area are that of V: acre lots. iiu