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3. The variance, if granted, will not alter the essential character of the locality. <br />The variance for rear setback will not change the character of the area. <br />4.The Board of Appeals and Adjustments or the Council may not permit as a variance <br />for any use that is not permitted under this Chapter for the property in the zone where <br />the affected person's land is located. <br />Decks are permitted in this zoning district. <br />5.The special conditions applying to the structure of land in question are peculiar <br />to such property or immediately adjoining property. <br />The deck could have been reconstructed to meet setbacks. <br />6. The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />The coiiditions applicable to this lot include the street ever the southwest comer and the <br />orientation of the house on the lot. <br />7.The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The deck is a replacement. Encroachment on the side lot line will not be increased <br />beyond what previously existed. <br />8.The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />Without the granting of variances, the applicant would be required to remove the deck. <br />Issues <br />1 . The residence faces what is technically the side yard. <br />2. The deck replacement does not affect hardcover. <br />3. The rebuilt deck does not encroach in to the rear yard setback more than the residence. <br />H2336 Bruce Xewton <br />3530 Frederick Street <br />Variances <br />2/17/98 <br />Page 4 <br />.