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8. <br />Decks are allowed. <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 structure of land in question are peculiar <br />to such property or immediately adjoining property. <br />The special conditions that apply are the existing amount of hardcover and the condition <br />of the deck. <br />9. The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />Other residences in the area have decks. The variance is due to the owner’s need to <br />replace the unsafe deck and the city’s policy regarding decks over non-structural hardcover. <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 applicant has an interest in reconstructing the deck for safety reasons. <br />; <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 variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable hardship or difficulty. <br />The variance is required to replace the deck. <br />Issues <br />1. The deck is existing in an unsafe condition. <br />2. The amount of hardcover will not be increased. <br />H2236 Jim and Roxanne Stasik <br />1270 Wildhurst Trail <br />Variance <br />5/19/97 <br />page—4