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and asked that the construction project be halted. This is based on the interpretation of the shoreland code that if a legal non-conforming site is demolished, the new setback requirements would be enforced. The staff had interpreted the code to allow reconstruction as long as the outside walls/foundation remained. However, most was removed in the demolition process, The City's legal counsel indicated that the footings and foundation of the basement that are remaining do not constitute a structure and therefore, Mr. Oren's plans either had to be amended to be built within the setback lines or a variance application would need to be presented to the Planning Commission and City Council. 3. Variance Request Mr, Oren's variance request is to construct a new house in part on the same location as his existing house. This involves a 38 foot shoreline setback variance and a 5 foot sideyard setback variance because the existing structure was also located on the southeast sideyard property line, Mr. Oren's request is based on the unique shape and characteristics of his property in that the lot is very long and narrow with a slope for the walkout portion of the design of his house located in the area of the existing foundation. He explained that he would like to preserve existing mature trees at the 75 foot setback line and that to move his building back to the 75 foot setback line would make for extremely tight spacing of the buildings on both sides of his lot. (The homes ~m both sides meet the 75 foot setback requirement). The impact on his neighbors, however, would be to screen a portion of their view of the lake. Section 1016.12b establishes minimum lot size and widths for single family lots in the shoreland water management overlay district at 15,000 sq. ft. in size and 100 feet in width. Section 1016.20a allows for construction on lots of record prior to the enactment of the Shoreline controls provided that the lot size minimum and length of water ffontage not be less than 70% of the standard dimensional requirements and it must be served by City utilities. Mr. Oren's lot has approximately 40 feet oflake ffontage and is approximately 7,700 sq. ft. in size. While these dimensions are less than the 70% requirement, there is opportunity on this lot for the construction of a single family home currently served by City utilities, At the 75 foot setback line, once the 5 foot side yard setback requirement is included, there would still be room for a 28 foot wide structure. At this location, the lot would not lend itself to a walkout style house but other designs are available, A 30% lot coverage ratio would provide for a house approximately 2,300 sq. ft. in size on one level. 4. Summary and Conclusions Mr. Oren's case is unusual in that his original proposal to add on to an existing but deteriorated structure was permitted under the ordinance. To demolish that structure to improve the property, however, amounts to giving up the "grandfathered" status of the legal non-conforming use and triggers the enforcement of current setback standards. The 2