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#03-2955 October 20, 2003 Page 5 of5 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." A special condition applying to the land is that the property exists on a point and the configurations of the property to the east cause a very restrictive average lakeshore setback. The special condition applying to the lot area variance is that a structure currently doesn't exist on the lot but has in the past. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." This proposal does not apply generally to other land or structures on Big Island but is common with properties that exist on points. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of the average lakeshore setback and lot area variances are required for the applicant to use his property in an allowed manner. 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 granting of the proposed variances will not in any way be detrimental to the public or intent of the Zoning Ordinance. 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 granting of the variance is necessary for the applicant to build on his property and alleviate demonstrable hardships. Issues for Consideration 1. Is the unique aspect of this property being located on a point enough to justify variance approval? 2. Are there any other issues or concerns with this application? Staff Recommendation Approval of the average lakeshore setback variance and the lot area variances subject to the following: 1. The structure shall be constructed in accordance with the footprint shown on the survey dated September 9, 2003. 2. A current survey and proposed hardcover calculations be submitted with the building permit application. 3. No other setback or hardcover variances be required.