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r <br />Zoning File #1554 <br />July 1, 1990 <br />Page 2 of 2 <br />The existing lot is 0.89 acres in area» and 140' in width. <br />The property is served by a septic system which was upgraded <br />approximately 3 years ago. <br />Staff has had in-house discussions regarding whether or not <br />a lot area and width variance is technically needed in this <br />situation. The applicant's insurance company would not pay for a <br />new foundation, finding that the existing foundation was <br />substantially intact and reuseable. If the foundation without <br />the upper floors constitutes an existing structure, then it would <br />not seem technically necessary to grant the lot area and width <br />variances. The zoning code does not specify for conforming uses, <br />the decree of destruction of a structure which changes its <br />legally existing status. Such provisions are only defined for <br />non-conforming uses (i.e. commercial uses in residential zone, <br />for instance). <br />Staff Recommendation - <br />Given no apparent detrimental impact to the neighborhood, <br />and finding that the property has contained a single family <br />residence for many years, staff would recommend approval of the <br />side setback variance to allow construction above the existing <br />garage.