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/ Page 6 land locked, having no frontage on a public street, but served by a private access easement. Second, the adjacent property in the abutting R-l district is a cemetery. Cemetery's are not permitted uses in the R-l district but are a special use. The intent of the 50 foot district setback requirement is to buffer permitted uses (single family homes) from larger structures such as apartment buildings.. In this case the structure being built is a 10 foot high garage, and the land use being encroached on is a cemetery. Third, the proposed garage would be built into the side of a hill next to the cemetery. Since the garage would only be 1 I) feet high, it would not be very visible from the R-l district. Also, there are two existing garages similar to the proposed garage currently constructed five feet from the same cemetery and R-I district line. . In summary, due to these existing site cOI).ditions, not created by the applicant, the applicant is forced to violate the district line setback requirement in order to provide some enclosed parking for his tenlffits. The proposed garage would be setback from the R-l district line the same distance as the existing garage buildings located to the north and south of the subject site. Also, the subject site.is located in the middle of an existing apartment development which contains several buildings which' violate existing zoning standards, Therefore, the garage setback should not be visibly out of character with the existing structure on the subject site or with other structures in the immediately surrounding area, and should have a minimal impact on the adjacent R-l district. Strict enforcement of the district line setback standard would cause the applicant an undue hardship because he would not be able to put his property to a reasonable use without a setback variance. Also, the plight of the applicant is due to circumstances .~J?ique to the subject property not created by the applicant. SITE PLAN REVIEW The proposed improvements would bring the parking situation at the subject site into closer compliance with the Parking Ordinance. The appearance of the site would also be improved with the addition of a dumpster enclosure and foundation landscaping. G:ICDI-96-CCRIERNYlNC-103,WPD