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<br /> <br /> <br /> <br />single a <br />735 sq. ft. attached garage. The proposed improvement seeks to place the garage 5 <br />from the side (north) property line and 21 feet from the front (east) property line, and the <br />home 7 feet from the side (south) property line and 36 feet from the Ordinary High <br />Watermark for Walsh Lake (west). The proposal will include 2,600 sq. ft. (estimate) of <br /> <br />. . <br />ImpervIOUS coverage. <br /> <br />4.2 In review of the City Code, VARIANCES are necessary from Section 1004.016 <br />(Residential Dimensional Requirements - Front & Side Yard Setbacks), Section 1016.14 <br />(Water Management Overlay District Lot Standards), Section 1016.16 (Structure Design <br />Standards), and Section 1016.26 (Storm Water Management) in order to accommodate <br />the proposed residential structure. <br /> <br />4.3 In 1998 Peter Kelsey & Greta Friedemann received a 10 foot VARIANCE to allow the <br />construction of a principal structure 20 feet from the front property line and a 9 foot <br />V ARIANCE to allow the same 37.5 feet from the Ordinary High Watermark of Walsh <br />Lake (PF3055 - portions attached). However, there was no building permit issued for the <br />parcel within the required 6 month deadline (Section 1013.03) and the variances <br />approved by the City Council became null and void. <br /> <br />5.0 STAFF COMMENTS/FINDINGS: <br /> <br />5.1 The Brown proposal seeks to construct a two-story single family home with an attached <br />double stall garage. The principal structure is proposed to encroach into the required <br />front yard setback (9 feet), both side yard setbacks (3 feet south and 5 feet north), the rear <br />yard shore land setback (39 feet), and exceeds (1.5%) the allowable impervious coverage <br />afforded by the City Code. <br /> <br />5.2 Prior to the Brown request, the City Planner received numerous calls regarding building a <br />home on this vacant parcel. Specifically, a review of the previously approved variances <br />was completed to determine whether they were valid. The determination concluded that <br />since no building permit was issued for the parcel, the variances granted in 1998 are no <br />longer valid. The City Planner also met with a number of interested individuals to review <br />and discuss the City Code (as applicable to this parcel) and the options available for <br />receiving multiple variances. <br /> <br />5.3 Section 1016.22 (Nonconformities) reads: All legally established nonconformities as of <br />the date of this Code amendment may continue, but they shall be managed according to <br />applicable State statutes and other regulations of the City for the subjects of alterations <br />and additions, repair after damage, discontinuance of use and intensification of use. The <br />following standards apply to nonconforming lots and uses in the shoreland management <br />areas: <br /> <br />PF3624_RVBA_030205.doc- Page 2 of8 <br />