BOA Variance Case 1997_1117 Spruce St_Special Exception Permit

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2. There are unique physical conditions peculiar to the affected lot. The lot is nonconforming with regard to lot area. The existing residence (1171) is on a lot of record which is 4,850 s.f. in area. 3. The presence of the unique physical condition is increased due to the fact that there is a second dwelling unit on the south 28' feet of the described lots. With respect to a second detached dwelling unit, there are no similarly situated lots in the immediate area. 4. Due to the presence of the unique physical conditions, the existing unit can not be replaced in conformity with the provisions of the title. 5. The physical condition has not been created by the applicant. The property was not under the control of the applicant at the time of the lot split or construction of the second dwelling unit. During the time that the applicant has owned the property, no unauthorized actions have been initiated by the applicant to increase the level of nonconformity. 6. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property. The applicant is replacing a dilapidated housing unit with a unit of comparable size that will meet currently adopted building codes. 7. The variance, if authorized, is the minimum variance that will afford relief. The proposed setbacks will provide relief to an existing vision clearance obstruction and will be consistent with, or greater than, setbacks of 1131 Spruce St. and structures similarly situated.