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#2369 - Fiedler <br />May 14, 1998 <br />Page 4 <br />5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />The Council may not permit as a variance any use that is not permitted under this Chapter <br />for the property in the zone where the affected person's land is located. <br />Single family residences and detached garages are allowed uses in the LR-IA district. <br />The special conditions applying to the structure or land in question arc peculiar to such <br />property or immediately adjoining property. <br />The same lot area and width requirements apply to all residential lots in the LR-IA district. <br />The setback requirements for this lot are somewhat unusual because it is surrounded by <br />dedicated roads or alleys on three sides, but the lot is so small that even if the alleys were <br />not present, significant side setback variances would be required. <br />The conditions do not apply generally to other land or structures in the district in which said <br />land is located. <br />The conditions applying to this lot are the same as those applying to other lots in the LR-IA <br />district. <br />The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />The applicant has a right to maintain the existing residence. There is not necessarily any <br />inherent right to construct a larger residence on the property, nor to make changes to the <br />property that do not meet City codes. <br />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 />To the extent that drainage can be controlled so as to not impact adjacent properties, <br />granting of the variances will not impair health, safety, comfort or morals. <br />The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty. <br />Certain of the variance requests are related to the applicants wish for a larger house and <br />garage, and others are related to the hardships inherent in the small size of the lot. <br />I