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4. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. A single family residence is permitted in this zoning district. 5. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The proposal is for a new residence on a vacant lot that meets all zoning requirements. There are no peculiar features that necessitate such a variance. 6. The conditions do not apply generally to other land or structures in the district in which said land is located. The immediately adjoining properties have been granted variances for hardcover in the 7 5' to 250' setbacks in recent years under different circumstances. The lot to the north has less area and also has a residence on it built prior to current zoning requirements. An after-the- /act variance was granted in 1988 to allow 26.4% hardcover for the construction of a deck. The property to the south had built a pool when the residence was constructed which was not considered hardcover at the time. A variance was granted in 1996 to allow 27.18% hardcover to remain when an addition was made as the amount of approved hardcover without the pool was calculated at 25%. These residences were both built prior to current zoning requirements, versus this application which is for new construction. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant can build the house essentially as proposed. By eliminating the loop driveway and reducing the size of the decks, only minor adjustments would need to be made to the footprint of the house to meet hardcover requirements. 8. The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Granting the variance would serve as a convenience as the hardcover requirement could be met with minor adjustments to the application. #2348 Mary Jane Hauser 1540 Bohns Point Road Variance March 16, 1998 Page4