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L <br />7. <br />8. <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 />Not applicable. <br />The special conditions applying to the struct?ire of land in question are peculiar <br />to such property or immediately adjoining property. <br />The existing residence, as well as several adjacent homes were constructed prior to the <br />current zoning district requirements and therefore do not meet required yard <br />setbacks. <br />9. The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />Most residences .lutside of the immediate neighborhood have been constructed after <br />current zoning lequirements and are therefore conforming. <br />10. The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />A second story that would not increase encroachment on the side yard cannot be <br />constructed without the granting of a side setback variance. <br />11. 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 variance will not impair health, safety, comfort or morals. <br />12. The granting of such var • aice will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The existing residence cannot increase in height without a side yard setback variance. <br />Issues <br />1. The existing residence is partially located within the required side yard setback. <br />1^2313 Tom and Kart Steinke <br />910 Dakota Avenue <br />Variance <br />November 17, 1997 <br />Page A <br />J