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7 -feet narrower than a standard 50 -foot wide residential lot. <br />While legally created, the reduction in both overall size and <br />width creates a special circumstance that justifies the <br />granting of the requested variance <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />The granting of this variance is necessary for the <br />preservation and enjoyment of a substantial property right as <br />the reduced size and street frontage of the lot resulted in a <br />condition where the existing structure was located within the <br />required front and side yard setback area. As part of the <br />proposed conversion of the existing structure, the applicant <br />is removing a 5 -foot by 53 -foot portion along the eastern <br />property line to comply with one of the side yard setbacks <br />and associated building code requirements. To comply with <br />the additional setback standards, the existing structure <br />would need to be substantially modified to meet the front and <br />street side yard setback requirements, which would render <br />the existing structure infeasible to retain. The project has <br />been redesigned to remove the proposed second dwelling <br />unit, thus allowing for increased rear yard open space and <br />the elimination of the need for a second variance for rear <br />yard open space. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of this variance will not be detrimental to the <br />public or surrounding properties. The structure proposed for <br />conversion to residential use has existed on the property <br />since 1983. The project has been designed to remove a 5- <br />foot by 53 -foot section of the existing structure along the <br />eastern property line to meet the setback standards found in <br />the building code as well as meet the minimum side yard <br />setback adjacent to the proposed single - family house at <br />1728 West Second Street. This modification addresses any <br />potential impacts to the adjacent property by complying with <br />the minimum side yard setbacks. The variance for a <br />reduction in side yard setbacks on the street side does not <br />affect surrounding properties as they are not directly <br />adjacent to the reduced setback. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />Resolution No, 2014 -XXX 75A -24 <br />Page 2 of 5 <br />