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8 <br />9. <br />11. <br />the affected 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 />The Board or Council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. <br />The applicant will not be changing the dwelling status of the property. <br />The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property. <br />The lot is a corner lot with setback requirements for 2 acre lots. The applicant 's property <br />was platted and developed prior to the adoption of the zoning ordinance. The actual lot size <br />of this lot is about 1/3 of an acre. If even '/i acre standards were applied to the property a <br />1 5'to side yard adjacent to street setback would be required, rather than 50'. This standard <br />applies to the fence and garage. And, any garage with doors facing the street must be SO' <br />from the lot line regardless of the district. <br />The 5' garage setback to the rear property line is adjacent to a platted alley that is not <br />developed. The actual distance to the neighboring property line and the garage would be <br />IT. <br />The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />The condition of small lot size is unique in the RR-IB District but similar to other properties <br />in the Crystal Bay neighborhood. The largest area of the rural part of the City is zoned RR- <br />IB. However, much of the RR-IB district was developed at the two acre standard. <br />1 he granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The garage would provide indoor parking for two vehicles. The existing garage only could <br />provide parking for one vehicle. <br />A 6' J'enee could be constructed in the proposed location if the '/; acre standards were <br />applied. <br />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 />The fence would not impair the health, safety, comfort, morals, or in any other respect be <br />contrary to the intent of the Zoning Code. The lack of setback from the garage doors to the <br />stret is a potential safety issue, especially if it results in cars perpetually parked in the right- <br />«OI-2722 Michael and Monica Brown <br />1241 Brown Road South <br />10/15/01 <br />Page 4 of 5 <br />k <br />\ <br />*1