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#03-2932 <br />August 14, 2003 <br />Page 5 of 5 <br />9. "The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />A corner through lot is not a common situation in any district. In the opinion of <br />staff this criterion is met. <br />10. "The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant." <br />In the opinion of staff this criterion is not met. <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 <br />Code." <br />In the opinion of staff this criterion is met. <br />12. "The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty." <br />In the opinion of staff this criterion is met. <br />Issues for Consideration <br />1. Are the vegetative screen and the fence significant enough to minimize the impact <br />of the reduced setback? <br />2. Would granting the setback variance contradict the conditional use permit <br />requirement that the accessory structure on the through lot meet all code <br />requirements? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Department Staff recommend approval of the requested variance and <br />conditional use permit contingent on the following: <br />1. Vegetative screen and privacy fence must be maintained along Bohn's Point <br />Road. <br />2. Sufficient vegetation and trees must be maintained to provide screening from <br />County Rd 51. <br />3. No access to Bohn's Point Road to the proposed garage.