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The Rhode sight line would be adversely affected if tie were <br />required to bulld behind line A -A and this ordinance should be <br />applied so as to b. ('air to new as well as old vesiden(,es if' that <br />is reasonable as it Is here. <br />The wise enforcement of an ordinance should Five effect to <br />its purpose. }laving in mind the purpose of this ordinance t.o <br />protect neighbors' sight lines, the council could properly con- <br />clude that the ordinance should L. 'nterpreted 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 be considered in determining <br />the "average dist.unce" other than to mention "adjacent and iiearh <br />logs." Presumably adjacent lots were Included because their, <br />sight lines would be most apt to be adversely affected. Nearby <br />lots logic;lly could have been included to protect them in the <br />event an adjoining neighbor whose sight line was adversely affected <br />had no objectl(,n. To Illustrate, let us assume_• this situation. <br />The Beckers' house is 115 feet and the• Lauer hoilso is 160 feet 1'rom <br />the shoreline. IL' a Jones' house was next north e!f' the Becker house <br />arid was 12U feet from the shoreline, Jones could obviously not <br />object to a Rhode setback parallelAng the Becker house because <br />h- would not. be adversely affected. 11liwever, If a Smith house <br />was next south of the Lauer•s and was 11jO t'vet from the shoreline, <br />he coul,i object ever► though the L.rruers dill riot object to the Rhode <br />P,cation becauc:e his sli lit line• would be adver•::ely aff'ected. The <br />inclusion of "nearby" lots show:; that preservitit; Fight lines was <br />the purpov..e of the or•d:nance. standard ot1wr than sit -lit, lime <br />(',)uld be u:,t•d t.rr tl(�tr•ritOne which lot.r. art- "near•t y" within the m—ining <br />of this or(11 n;il,t t :1.111oe• no othe•1• 1jr,c,t,011 t :1ntf,il 1 an lit• "(110e1ve d. <br />If' no st;11Nl1artl 1 "i for the Ili 11't)y 1(0t 1 o bt' UIISicit'rt d Lheree is <br />tin spec i f't c neth:ic k ri-qu t red . <br />