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7. The Board or Council may permit as a variance the temporary use of a one -family <br />dwelling as a two-family dwelling. <br />Response: N/A - No two-family or temporary use is being proposed. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <br />Response: Special conditions affecting the property include the legally nonconforming setbacks, <br />proximity to the lake, and the configuration of the existing structure with a partial second floor and <br />inadequate ceiling heights. Also, the property proposes difficulty due to its irregular shape, shoreline <br />orientation, and limited buildable area outside the required setbacks. These conditions are peculiar to <br />this property and directly limit the ability to modify or reconstruct the residence without variance <br />relief. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />said land is located. <br />Response: Many nearby properties are able to comply with current setback and height requirements <br />due to different lot configurations or newer construction. The constraints affecting this property are <br />specific to its age, unique lot location, and established footprint. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />Response: Granting the variance is necessary to preserve substantial property right to maintain and <br />reasonably improve an existing single-family residence. Without the variance, the property cannot <br />achieve functional living space on the second floor despite no expansion of the building footprint. <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 Code. <br />Response: The proposed variance will not impair health, safety, comfort, or the general welfare. The <br />project does not increase density, traffic, drainage impacts, or encroachment. Improvements will bring <br />the second floor into compliance with modern building standards, enhancing safety and livability. <br />12. The granting of such variance will not merely serve as a convenience to the applicant <br />but is necessary to alleviate demonstrable difficulty. <br />Response: The variance is not requested for convenience. It is necessary to alleviate a demonstrable <br />difficulty caused by the combination of the limited buildable area available outside the required <br />setbacks and inadequate existing ceiling heights. Denial of the variance would prevent reasonable use <br />of the existing structure without providing a corresponding public benefit. <br />83 <br />