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9. <br />The variances requested are unique to the design of the existing structure. It was <br />constructed before the current building code requirements regarding stairway width <br />and step rise. <br />The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />Other properties in tliis area are deficient for lot size and some do not meet the <br />sideyard setback requirements. The variances being requested are specific to <br />the existing residence's deficiencies related to the building code. <br />10. The granting of the application is necessary’ for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The variances requested will preserve the property owner’s right to use the <br />residence in a safe manner. <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 variances will improve safety by improving the steps and internal stairway. <br />12. The granting of sue’’ variance w ill not merely serv e as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The granting of the variances improves the livability of the existing residence <br />to bring it into conformance with the building code. <br />Issues <br />1.Planning Commission previously recommended approval of the sideyard variance <br />and hardcover variance for the kitchen addition. <br />2.The improvements would bring the structure into conformance with building code <br />requirements for the internal stairwell and front steps. <br />3. The lot does not meet the required lot area or lot width requirements. <br />Stair Recommendation <br />To approve the variance for a sideyard encroachment of 3.4' for the kitchen expansion <br />and an increase in hardcover by 69 sq. ft. in the 75'-250' setback to allow the proposed <br />improvements.