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D <br />Thomas L. McCanhy. 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. overage in his 250-500 ’ zone as long as he agrees to reduce the 25% allowance in <br />his 75-250’. by the equivalent 250 s.f. Tliis in essence results in a 24% hardcover limit <br />for his 75-2*50* zone, a 36% limit for his 250-500 ’ zone, and the same amount of overall <br />hardcover lie would have had under the standard allowances, but a greater proportionjpf <br />it is further from the lake^ <br />Obviously, we would not allov a simation that would work the opposite direction, <br />i e increasins hardcover nearer the lake in exchange for less hardcover in a zone further <br />from the lake' This would be opposite the intent of our "ha dcover 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 for <br />property owners and staff. I would prefer to view this as a policy clarification of die <br />hardcovV*r ordinance rather dian as breaking new ground. From an administrative <br />standpoint, we can cenainly put in place review procedures so that future 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 property with <br />unused hardcover "credit" in a zone nearer the lake can legitimately use that credit m a <br />zone further from the lake, widiout requiring a variance. <br />Recommendation <br />Council has the option of revising the shoreland lot width definidon to add die <br />requirement for meeting the width standard at the street setback line as well as at the shorelme <br />and at the lake setback line. However, I don ’t see that this will impact the McCanhy case, since <br />it came in under the current ordinance. <br />I would stronglv recommend that the Council accept the concept of "balancing" hardcover <br />whereby hardcover unused in zones nearer that lake can be legitimately used in zones mrther <br />from the lake without a variance.