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5. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 2800 Pheasant has been vacant for over three years. The primary reason for this inactivity is the concern that adequate housing stock could not be constructed via a variance request. In this case, a 25%hardcover limitation, combined with the difficult driveway access, would result in the inability to construct a reasonable dwelling structure. In fact the resulting available hardcover available for this two-acre site, after driveway access, would be approximately 2000sf, inclusive of overhangs sidewalks, landscaping and patio. Such a limitation effectively deprives the applicant of it's properiy right to construct a reasonable dwelling unit on their land. 6. The granting of the variance will not be contrary to the intent of the zoning code. In fact, the granting will bring the property more within the spirit of the zoning ordinance by decreasing hardcover in the 0-75' zone and significantly increasing the grassed surface for run off in the 0-75' zone when the dwelling structure is moved back into the 75-250' zone. 7. The granting of such variance is necessary to alleviate a demonstrable hardship. Granting the variance will allow the homeowner to move back the structure and shorten the excessively long driveway access. The proposed structure would include a circular drive, which would reduce the need for off street pazking by the residence. In addition to improving access to the property, we feel this is an important safety consideration. The neighborhood is currently served by the fire hydrant located at the entrance to 2800 Pheasant. The cul-de-sac also serves as parking for approximately twelve summer docks. Additional off street parking by the residence could result in difficult access to the hydrant by the fire department. In addition, the instructions to the variance application require a hardship to be: a. Uncommon; b. Run with the land; And further the instructions provide examples of such hardships including: a. Lakes; b. Existing structure locations; and c. Unusually shaped property without adjacent vacant land. The above instructions are directly on point with 2800 Pheasant. Comprehensive Plan Our request for variance also is consistent with the goals and spirit of the Comprehensive plan: