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FILE#17-3972 <br /> October 16,2017 <br /> Page 4 of 5 <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The size of the subject property is not <br /> conforming to the LR-1C area or width standards. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. This site is unique is that there are currently many existing <br /> nonconforming encroachments. This lot is small in size for the LR-1C District. The <br /> applicant is proposing to maintain the existing setbacks for the accessory structure and <br /> hardcover which does not apply to other parcels. The applicant has not indicated a <br /> reasonable request pertaining to the expansion for structural coverage. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant has indicated the variances are <br /> necessary. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances that meet the same setback as the existing structure and hardcover <br /> seem reasonable. The structural coverage variances request does not seem in line with <br /> the intent of the zoning chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. While the location of the existing <br /> detached structure and the existing hardcover of the lot may support the requested <br /> setback variance and hardcover variance; the requested structural coverage variance <br /> has not been shown to be supported by a demonstrable practical difficulty. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> The structural coverage of the lot is proposing to increase from existing 1,876 (17.3%) to 2,204 <br /> s.f. (20.3%). Although they are proposing a conforming size of an accessory structure at 884 s.f. <br /> the overall structural coverage for this parcel is exceeding the maximum 20% coverage by 40s.f. <br /> The applicant has not shown any practical difficulties inherent with the property supporting the <br /> increase in structural coverage. <br /> The setback variances and hardcover variances are not proposing to change or increase compared <br /> to the existing detached garage. The small size of the lot and practical difficulty analysis shows <br /> support approving the proposed side and rear setback and hard cover variance for the new <br /> detached garage. <br /> Engineer Comments <br /> A comprehensive review will be done at the time of the building permit. <br />