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r <br />«^04-3046 <br />August 16,2004 <br />Page 3 of 3 <br />3. <br />4. <br />Complete wall replacement. <br />Re-use of all mechanical systems, including sprinkler system, heating and <br />electrical <br />Staff would normally request to see building permit plans if there is some uncertainty as <br />to the amount of work conducted. No formal building plans have been submitted for staff <br />to analyze as the structure is already complete. In order for after-the-fact building permit <br />plans to be approved, building plans of what was done will need to be submitted, <br />however they are not ready at this time. <br />If the new garage met what is considered maintenance, a side setback variance is justified <br />as every property owner has the ability to maintain their non-conforming structures. <br />Under this scenario only the side setback variance would be required and staff would <br />recommend approval. <br />If the new garage's improvements met the rebuild threshold, a side setback variance is <br />not justified. The garage could have easily been rebuilt to meet a 10’ setback. However, <br />under this scenario a hardcover review would be required as the applicant’s property is at <br />35% hardcover within the 75’-250 ’ lake setback zone. <br />Staff Recommendation <br />Staff would recommend approval of the after-the-fact side yard setback variance request <br />should the Plaiuring Commission determine that the improvements made to the building <br />qualify as maintenance. <br />Staff would recommend denial of the requested after-the-fact side setback variance if the <br />improvements made to the building met the threshold of a rebuild. The applicants under <br />this scenario must move the garage to meet a 10’ setback from the side lot line and <br />undergo a hardcover review and ultimately variance approval process. If the Planning <br />Commission determines this is the correct course of action, the applicant must move the <br />garage to meet a 10’ setback. The applicant could be given guidance as far as the <br />required hardcover variance review and what the Commission may approve (i.e. approval <br />of 35% hardcover as no new hardcover is proposed or a reduction in hardcover, and to <br />what level). <br />1