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4 -------- <br />8. <br />9. <br />10. <br />11. <br />12. <br />The special conditions applying to the structure of land in question are peculiar to such <br />property or immediately adjoining property. <br />This is a comer zoning lot that essentially has two 35' setbacks from Kelly and Lydi^d <br />Avenues. <br />The conditions do not apply generally to other land or stmcturcs in the district <br />in which said land is located. <br />Other comer lots in the LR-IB zoning district are required to meet a 35’ setback from the <br />front property line and side yard adjacent to streets to maintain the same setback for <br />properties that front on the adjacent street. <br />The granting of the application is necessaiy for the preserv-ation and enjoyment of a <br />substantial property right of the applicant. <br />The applicant has indicated the reasons for the proposed deck. <br />The granting of the proposed variance will not in any way impair health, safety, comfort, <br />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 />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 />The variance will be a convenience for the applicants to have a deck as proposed. How'ever, <br />the proposed deck is located oft of the family room and kitchen. If the deck was located <br />elsewhere on the lot, it would be next to bedrooms, the garage or in the front yard which is <br />less desirable. <br />Issues <br />1.The lot does not meet the minimum lot area requirements. The existing residence is 30* from <br />the west (Lydiard Ave.) side of the property line. <br />2.The topography of the zoning lot slopes approximately 8-10' from the front yard to the rear <br />yard. The property immediately to the north has an elevation 6-8 ’; above the subject <br />property. <br />1^2255 Rick and Deborah Rice <br />2700 Kelly Avenue <br />7/21/97 <br />Page 4 <br />1