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*»f*r*'**^-^’-* <br />r -^ ■ <br />I ‘ <br />“ <br />The Rhode sight line would be adversely . rfectcd if lie were <br />required to build behind line A-A and this ordinance should be <br />applied so as to be fair to new as well as old I’csldcnccs if that <br />Is reasonable as it is here. <br />The wise enforcement of an ordinance should give effect to <br />its purpose. Having in mind the purpose of this ordinance to <br />protect neighbors' sight linest the council could properly con- <br />elude that the ordinance should be Interpreted and applied here <br />to protect the Beckers' sight line and require that the Rhode <br />house be set back as far as needed for that purpose but no further <br />The ordinance is clearly ambiguous in that it does not <br />limit the number of residences to bo considered in determining <br />the "average distance" other than to mention "adjacent and nearby <br />lots." Presumably adjacent lots were included because their <br />sight lines would be most apt to be adversely affected. Nearby <br />lots logically could have been Included to protect them in the <br />event an adjoining neighbor whose sight line was adversely affected <br />had no objection. To illustrate, let us assume this situation. <br />The Beckers' house is 115 feet and the Lauer house is l60 feet from <br />the shoreline. If a Jones' hou.ie was next north of the Becker house <br />and was 120 feet from the shoreline, Jones could obviously not <br />object to a Rhode setback parallelling the Becker house because <br />he would not be adversely affected. However, if a Smith house <br />was next south of the Lauers and was 150 feet from the shoreline. <br />he could object even though the Lauers did not object to the Rhode <br />location because his sight line would be adversely affected. The <br />•f <br />Inclusion of "nearby" lots shows that preserving sight lines was <br />the purpose of the ordirjance. Ho standard other than sight line <br />could be used to determine which lots are "nearby" within the meaning <br />of this ordinance since no othei* proper standard can be conceived. <br />If no standard Is set for the nearby lots to be considered there is <br />no specific setback required. <br />- 13