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•04J046 <br />Attgyit 16.2004 <br />Page 3 of 3 <br />3. Complete wall replacement, <br />4. Refuse 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 plar« have been submitted for staff <br />to analyze as the structure is already complete. In order for aRer-the*fact building permit <br />plans to be approved, building plans of what was done will need to be su»-niticd, <br />however they are not ready at this time. <br />If the new garage met w hat 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 Rccomnendalion <br />Staff would recommend approval of the after-the-fact side yard setback variance request <br />should the Planning Commission determine that the improvements made to the building <br />qualify as maintenance. <br />Staff would recommend denial of the requested aficr-lhe-uct side setback variance if the <br />improvements made to the building met the threshold of a rebuild. The applicants undj.' <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.c. approval <br />of 35% hardcover as no new hardcover is proposed or a reduction in hardcover, and to <br />what level).