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5. <br />Economic factors may be a consideration with this application. The property may be sold <br />to a future owner who N^ishes to separate the parcels. <br />Undue hardship also includes, but is not limited to, inadequate access to direct sunlight <br />for solar energy systems. <br />Solar access is not a consideration. <br />6. <br />7. <br />8. <br />9. <br />10. <br />II. <br />The Board of Appeals and Adjustments or the Council may not permit as a variance <br />for any use that is not permitted under this Chapter for the propert>' in the zone where <br />the affected person's land is located. <br />Lot area and width variances are commonly granted in this zoning district to allow lots of <br />record not meeting current zoning requirements to be buildable. <br />The Board or Council may permit as a variance the temporar>' 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 shape and proximity to water of lot 1 limit the potential building envelope, as well as <br />how much of the lot can be considered contiguous. Lot 2 is a lot of record of less than I <br />acre, which is the current requirement for both lots. <br />The conditions do not apply generally to other land or structures in the district <br />in which said land is located. <br />The proposed lot sizes are consistent with the majority of the lots in the area. <br />The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant. <br />The subject properties are separate tax parcels and have been assessed separately for <br />sewer and water. <br />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 />1^228} Gary and Bormlt Birnbaum <br />2695 Kelly Avenue <br />Variances <br />9/15/97 <br />Page 4