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6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any <br />use that is not permitted under this Chapter for the propet ty in the zone where the affected <br />person's land is located. <br />The use of the property would remain residential, which is a permitted use in the zoning <br />district. <br />7. The Board or Council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling. <br />The applicant will not he changing the dwelling status of the property. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <br />The property has a large wetland area that restricts any development over the east two- <br />thirds of the property. The location of the well and septic sites restricts the new house <br />location to where it is today. Any requirement to move the proposed house within the <br />setbacks would require a blocked access to the garage. An approval to permit the acce.s.sory <br />buildings to remain on the property would essentially require the house to be located where <br />the existing house is located <br />The front yard setback has changed with the land acquisition for the County Road. <br />9. The conditions do not apply generally to other land or structures in the district in which said <br />land is located. <br />The property is the only lot of its general size in the locality The neighboring house to the <br />west is located northwest of the applicant's property approximately 250 'from the applicants <br />house. A new house replacing the old house would not change how the property effects <br />neighboring properties. The existing building locations, septic sites, well, wetland, <br />driveway, and accessory building locations have required the property owners to request <br />variances. <br />10. The granting of the application is necessaiyf for the preservation and enjo>ment of a <br />substantial property right of the applicant. <br />The property' owners would like to improve the property by constructing a new house to <br />replace a house built in approximately 100 years ago. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrar) to the intent of the Zoning Code. <br />There is no apparent effect to the public health, safety, comfort, morals, or in any other <br />re.\pect be contrary to the intent of the Zoning Code. The proposed development is <br />consistent with the intended rural character of the district.