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1 <br />II. <br />iU-2917 <br />Aagmlil.M03 <br />ri«c««r7 <br />“The Board of Appeals and Adjustments or the Council may not permit as a <br />variance any use that is not permitted under this Chapter for property in the zone <br />where the alTected person's land is located.” <br />The uses proposed are uses allowed in the LR-JA zoning district <br />“The Board or Council may permit as a variance the temporary use of a <br />one-family dwelling as a two-family dwelling." <br />A'or applicable <br />"The special conditions applying to the structure or land in question ore peculiar <br />to such property or immediately adjoining property." <br />The conditions of non-conforming setbacks apply to the properties in the general <br />neighborhood, especially on Crestvie\% Avenue The creek being adjacent to the <br />property and the setback zone being entirely within the applicent 's property is a <br />condition peculiar to the property. <br />•The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />The conditions of smaller lots with non-conforming setbacks do not apply <br />generally in the LR - 1C zoning district but rather the immediately adjoining <br />neighborhood <br />"The granting of the application is necessary for the preservation and enjoyment <br />of a substantial properly right of the applicant." <br />The granting of the setback variances and allowing additional hardcover in the <br />75-250 zone is necessary for the applicant's to construct a reasonable sized <br />house. <br />Allowing structure to encroach in the 75' creek setback, including hardcover. Is <br />not necessary when other options arc avadable. Hith this request, without <br />allowing structure in the 0-75 ‘ zone a rcitsonably sized home can stdl be <br />constructed. <br />"The granting of the proposed variance will not in any way impair health, safety, <br />cojjfort, morals, or in any other respect be contrary to the intent of the Zoning <br />The granting of the lot area, and setback variances, consistent with '/: acre <br />setbacks, will not impair health, safety, comfort, morals, or the intent of the <br />Zoning Code since the characteristics of the area are that of Vi acre lots.