Variance application and correspondence

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REQUEST FOR COUNCIL ACTION DATE: June 7, 2000 ITEM NO.: � Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: #2557 Daniel and Judith McAthie 1449 Bay Ridge Road Variance Review Zoning: LR-lA,One Family Rural Residential,2 Acre Minimum lot size Summary of Request: The City Council adopted,on consent,Resolution No.4416 for Daniel and Judith McAthie to grant variances to permit construction of an addition to the garage and the addition of a second story to an existing one level home at 1449 Bay Ridge Road. The contractor, Michael Hayes Homes, had applied for and received a building permit to begin construction on May 15th. After beginning the project the contractor determined a small portion of the foundation on the back of the house would need to be replaced because it was cracked. Also,some of the joists were rotten requiring the entire house to be removed,except the foundation. During a recent inspection Staff had noticed the house was removed. Subsequently,Staff has placed the Building Permit on hold. The contractor has stated some alteration of the foundation will be required to stablize and bring the foundation to existing code, and some of the foundation to the back of the house will have to be replaced. The contractor has stated most of the existing foundation can be used for the house. The variance approval assumed only the roof would be removed from the existing structure and a second story would be added. Also a small portion of foundation would be added to accommodate for the alteration to the garage. Work was stopped by Staff for Council direction regarding whether reconsideration of the application should occur since the house encroaches approximately 20' into the average lakeshore setback and within the 30' side yard setbacks. The foundation remains and is located over 150' from the lakeshore across County Road 15. The building being located into the average lakeshore setback may not be an issue as most houses in the locality are located across County Road 15 and on a hill. The intent of the average lakeshore setback ordinance is to protect views from adj acent properties. The impact to adj acent properties is minimal. The property owner and contractor have indicated there would not be any alterations to the approved plan for the outside appearance and height of the house approved with the variances.