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•03-29M <br />N«»cMbcr r.lMJ <br />PagtSafS <br />7. "The Board or Council may permit as a variance the temporar> use ofa <br />one-family du-elling as a mo-family dwelling." <br />\ot applicable <br />8. "The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property." <br />77te excessive right-of-way and placement of the home ahead of the required front <br />yard setback are peculiar to this lot <br />9. "The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />Most other homes in the neighborhood meet the required front yard setback The <br />applicant‘s home doesn V appear closer than those around it due to the \% ide <br />right-of-way. and therefore these conditions are unique to this property <br />10. "The granting of the application is necessary for the preserv ation and enjoy ment <br />of a substantial property right of the applicant." <br />The applicant could not achieve a covered entry without approval of this <br />application. <br />\ 1. "The granting of the proposed variance w ill not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zonina <br />Code." <br />This proposal will not impair the health or safety of the general public and will <br />not be detrimental to the Intent of the Zoning Code. <br />12. "The granting of such variance w ill not merely serv e as a convenience to the <br />applicatt, but is necessary to alleviate demonstrable hardship or difficulty." <br />Granting of this application is necessary to alleviate the hardships described <br />above <br />luvcs for CoBsklcnitiofl <br />1. Is a co\ ered entry a necessity warranting variance approval? <br />2. Will the covered entry create any visual problems from the roadway? <br />3. Does the e.xcessive right-of-way have any pertinent relevance with this application? <br />4. Should the applicant be required to remove 48 s.f. of additional hardcover other than <br />the rock on plastic as proposed (if not, hardcover would be at 25. !*/•)? <br />5. Are there any other issues or concerns with this application? <br />Staff Rccommcndatioo <br />Approval of the front yard setback variance of 29' when 35* is required due to the valid <br />hardships of the existing non-conforming front yard setback, the excessive right-of-way, <br />and that the covered entry will not have any negative visual effects from the road.