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Approved 19.2' setback from Torchwood Drive where 30' is required and 19.2' currently exists (southwest corner). The variances listed amount to an 8.5' encroachment at the southeast corner of the attached garage and a 10.8' encroachment at the southwest corner of the attached garage. The applicant's current garage measures approximately 20.7 x 20.1. The applicants proposed plan is to allow reconstruction of this attached garage at the same dimensions. In addition, the applicant originally submitted a request for a front yard setback variance to Forest Dale Road. Upon review of that plan staff directed the applicant to consider a revised proposal as staff could not support the level of variances requested. Staff finds that there is a hardship that would warrant approval of requested variances to allow reconstruction of the existing attached garage at the existing setbacks. The applicant's home was constructed prior to August 21, 1981 when the required side street yard setback was 15'. Thus, at the time of construction the home met the setback requirements that were in place. The applicant's have expressed the need to rebuild their attached garage as it has deteriorated over time. Staff supports the needed variances to rebuild the attached garage at the same dimensions as it is impractical to build an attached garage on the property in conformance with the current 30' side street yard setback requirement. Baker inquired if they are changing the opening of the garage from Torchwood Dr to Forest Dale Road. Matthew Meier, applicant, replied that they will no longer be reorienting the opening for the garage; the garage will be rebuilt as it is. Motion by Baker, second by Schiferl, to CLOSE THE PUBLIC HEARING. 4 ayes, 0 nays. Motion by O'Keefe, Second by Schiferl to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION,WHICH APPROVES THE REVISED PLAN AS SUBMITTED. 4 Ayes, 0 Nays. MOTION APPROVED. Public Hearing: ZA2006-007 Zoning Code Amendment Related to Fence Construction on Lots Abutting a DNR-Classified Lake At the direction of the City Council, a Zoning Code amendment has been proposed that would address fence construction on lakeshore lots. The intention of the proposed code amendment was to preserve lake view for lakeshore property owners. The proposed amendment is designed to better regulate fences on lakeshore lots, and nothing more, as staff's direction was to address only the fence issue. As part of the C:ADocuments and Settings\jgoepcALocal Settings\Temporary Internet Files\OLK28\08-15-2006(2).doc Page 4 of 14