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Case File: V 09-06 <br />Page 2 <br />Variance <br />Ruben & Linda Moore <br />Overview <br />The applicant is requesting to tear down their existing garage due to its dilapidated condition and <br />reconstruct a new 3-car garage, contingent upon receiving a variance to allow the new garage to <br />encroach in shoreland setback. <br />The proposed variance is to allow an attached garage to be within the 100-foot shoreland setback. If <br />constructed as proposed, a setback of 58.2 feet would be provided (a 41.8 foot variance). The <br />proposed setback would not encroach into the setback anymore than the existing garage. The <br />applicant also looked at moving the garage closer to the road but there are utility lines in that area, <br />making it a dangerous situation. <br />The property is zoned R1-b which has the following garage setbacks: <br />Front: 35-feet <br />Side: 5-feet <br />Rear: 100-feet from the ordinary high water mark. <br />With the exception of the rear yard setback, the proposed garage meets all of the required setbacks. <br />The proposed garage would be setback approximately 68.7 feet from the front property line, and <br />12.3 feet from the north property line. <br />Applicable Regulations <br />~~ariance Criteria <br />7. Literal en orcement o~the ordinance avill cause undue hardshit~. <br />Literal enforcement would not allow a functional new structure or one that would meet the city's <br />minimum requirements of square footage. The property currently holds a garage. The proposed <br />garage, while inconsistent with the literal reading of the ordinance, is an improvement toward <br />the goals of the ordinances, with respect to the increase of shoreland setback over what's <br />currently provided. <br />2. The hardsbi~ is caused by .rbecial conditions and circumstances which are peculiar to the ~rol~erty and the <br />structure involved and nihich are not characteristic o~ or a~~licable to other lands or structure in the .came area <br />The hardship is caused by special conditions and circumstances, which are peculiar to the <br />property. Due to small lot size, river setbacks, access to the rear of the property and the <br />property being located on a dead end the site has limited buildable area. The development in <br />which the property is located is an older established neighborhood. Since this neighborhood has <br />been developed, it appears that there may have been ordinance changes, as there are other <br />structures in the area that encroach in the current required setbacks. <br />S:\PLANNING MAIN\Case Files\Variance\V 09-06 Moore\V 09-06 BA.doc <br />