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Thomas L. McCarthy, Background - <br />June 16, 1993 <br />Page 3 <br />I wou|d argue that the property owner should be allowed the right to have the 250 <br />s.f. overage 250-500 ’ zone as long as he agrees to reduce the 25% allowance in <br />his 75-250 ’, by the equivalent 250 s.f. This in essence results in^'4% hardcover limit <br />for his 75-250*’ zon^36% limit for his 250-500 ’ zone, and^lh^ame amount of overall <br />hardcover he would haWiad under the standard allowance^ but a greater proportionjof <br />it is further from the lake^ <br />Obviously, we would noi'aUow a simoon that would work the opposite direction, <br />i.e. increasing hardcover nearer the Kike ijK^xchange for less hardcover in a zone further <br />from the lake. This would be opposite^e intent of our "hardcover zones" philosophy. <br />If Council would agr^o^s hardcovcuiolicy interpretation, we would see a <br />few less "nuisance" harc^^r variances each year, and cause less aggravation for <br />property owners and sut(f. I would prefer to view ftis as a policy clarification of die <br />hardcover ordinancp^ther than as breaking new gr^n^ From an administrative <br />.standpoint, we can certainly put in place review procedurb^o that funire problems <br />should not occfir. <br />^Acceptance of this police will also allow staff to, in generai>4^ hardcover <br />b^ina for any lakeshore property reruesting a permit, such that a with <br />^used hardcover "credit" in a zone nearer the lake can legitimately use that crMit in a <br />zone further from the lake, without requiring a variance. <br />Recommendation <br />Council has the option of revising the shoreland lot width definition to add the <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 McCarthy case, smce <br />it came in under the current ordinance, v <br />1 would strongly recommend that the Council accept the concept of "balancing" hardcover <br />whereby hardcover unused in zones nearer that lake can be legitimately used m zones further <br />from the lake without a variance.