11-17-1997 Planning Packet - Laserfiche WebLink

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r fl 7. 8. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The existing residence, as well as several adjacent homes were constructed prior to the current zoning district requirements and therefore do not meet required yard setbacks. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Most residences outside of the immediate neighborhood have been constructed after current zoning requirements and are therefore conforming. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A second story that would not increase encroachment on the side yard cannot be constructed without the granting of a side setback variance. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The existing residence cannot increase in height without a side yard setback variance. Issues 1. The existing residence is partially located within the required side yard setback. §2313 Tom and Kan Steinke 910 Dakota Avenue Kariance November !7. 1997 Page A