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_. ? <br />Board of Zoning Appeals <br />November 27, 1985 <br />Page 3 <br />twenty-five (25) feet. The logical side for the twenty-five <br />(25) foot setback is along the sideline, or length of the lot, <br />which in this case is the side along S.R. 252. <br />In this case, the owner does not require a twenty-five <br />(25) foot setback; a twenty-eight (28) foot setback would be <br />sufficient, three (3) feet more than is normally permitted <br />on a corner lot. <br />The granting of the variance or modification therefore <br />will not be contrary to the purpose and intent of the Zoning <br />Code. The obvious purpose of the exception in the setback <br />requirements for a corner lot, is to permit a building to <br />be constructed on the lot, and not to destroy the buildable <br />width of the lot with an excessive setback requirement. This <br />intent is carried out in other provisions of the Code, for <br />example, in Section 1159.02 dealing with exceptions for <br />corner lots in other districts. <br />All of the conditions for the granting of a variance <br />set forth in Section 1133.13 of the Zoning.Ordinance exist in <br />this case: <br />a) There is both a practical difficulty and an unnecessary <br />hardship, in this case, because of the physical size <br />and shape of the premises which differentiate the <br />premises sought to be used from other premises in <br />the same district. Strict application of a fifty <br />(50) foot setback to the side frontage of the parcel <br />will create a difficulty not generally shared by <br />other lands or structures in the same district. <br />b) The refusal of the variance or modification appealed <br />from will deprive the owner of the premises of <br />substantial property rights. The owner will not be <br />able to build upon the parcel, and the owner's property <br />will be taken without due process of law, in violation <br />of the owner's constitutional rights. Application <br />of the fifty (50) foot setback, renders the lot <br />useless for all practical purposes, and is confiscator_y. <br />c) The granting of the variance or modificatio,n appealed <br />from will not be contrary to the purposes and intents <br />of the provisions of the Zoning Code, because the <br />whole intent for the exception and setback requirement <br />to twenty-five (25) feet for the sideline of a corner