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Thomas L. McCarthy, Background <br />June 16. 1993 <br />Page 3 <br />I would argue that the property owner should be allowed the right to have the 250 <br />s f overace in his 250-500 ’ zone as long as he agrees to reduce the 25 % allowance in <br />his 75-^50 ’. by the equivalent 250 s.f. This in essence results in a 24% hardcover limit <br />lor his V5-25O’ zone, a 36% limit for his 250 -500 ’ zone, and the same amount of overall <br />hardcover he would have had under the standard allowances. buUL^ter proportio n.ol <br />if is further from the lake_^ <br />Obviouslv we would not allow a situation that would work the opposite direction, <br />i e increasing hardcover nearer the lake in exchange for less hardcover in a zone lurther <br />from the lake. This would be opposite the intent of our ’'hardcover zones philosophy. <br />If Council would agree to this hardcover policy interpretation, we would see a <br />few less "nuisance" hardcover variances each year, and cause less aggravation tor <br />propertv owners and staff. I would prefer to view tins as a policy clantication of the <br />hardcover ordinance rather than as breaking new ground. From an admimstralive <br />standpoint, we can certainly put in place review procadures so that .umre problems <br />should not occur. <br />Acceptance of this police will also allow staff to. in general, do a hardcover <br />balancing for anv lakeshore property requesting a permit, such that a <br />unused hardcover "credit" in a zone nearer the lake can legitunately use that credit <br />zone further from the lake, without requiring a variance. <br />Recommendation <br />CouncU has the option of revising the shoreland lot width defuiiuon to add the <br />requirement for meeting the width standard at the street setback <br />,,nd at the lake setback line. However, 1 don’t see that this will impact the McCarthy case, since <br />it came in under the current ordimmce. <br />I would stronniy recommend that the Council accept the concept of <br />whereby hardcover unused in zones nearer that lake can be legitimately used ,n zones further <br />from the lake without a variance. <br />Isv