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Nat Approved (C) Ken Pith requests consideration of a Variance and NonwN'oniung Use Peanut to permit reconstruction and modification of a detached garage at a front yard and side yard setback less thea requved by Zoning Code at 1693 Peninsula Drive. The applicant is requesting Variances and a Nonconforming Use Permit to permit concoction of 24' x 26' or 624 SF detached garage. An exisift 22' x 22' or 484 SF detached garage would be removed. The proposed Image would meet a 4' side yard setback where 5' is annually required and an 18' front yard setback where 30' is normally required. Additionally, a NoncoNorming Use Peanut is required as the existing front yard setback is approximately 23' where 30' is normally required. The property is located on Long Lake at 1693 Peninsula Drive and is relatively Flat in that thee is only about 4 feet of gibbet difference from the road down in the lake. Lastly, almost 1/3 of Ne lot is encumbered by area with the 1% change of annual Flood chance zonc (or 100 year Flood). The applicant bas met with staff several times to dixuss the proposed variances. Staff has expressed concerns about limiting Ne amount of structure not meeting the required setbacks, while trying to balance a better pleced garage location with pmctical two -stall dimensions. The applicant has met with the Rice Creek Watershed District, who irrccnds to issue an administrative peanut for Ne required image rebuild. 22 notices were sent out there were no comments received. Staff recommends approval of the froin yard setback Variance and Nonconforming Use Pemuu, subject to the following condition: The gaage dimension or location is revised to meet a 5' side yard setback. Second, should the applicant choose in decrease the widN of the garage to meet the side yard setback, that footage could be added to the depth in an effort to not loose None f urge. Su ffrecommends denial of the side yard setback variance request. Commissioner Schiferl questioned if the applicant has considered a single car deep garege. City Planner Gundlach was not aware of the applicants desire to do so. Commissioner McPherson stated he feels adding the grange end allowing the variance would be a benefit to the entire community, Commissioner Danger agreed. The applicant Ken Peih 1693 Peninsula Dr. stated he intends to use the depth of the garage for storage of a boat boat trailer and other items. Mr. Peih also reported he has a two foot railroad he barrier around his house, and is concerned with the potential of water in the basement if he were to move the garage too close to the house. Commissioner Zisla summarized that because of special circumstances associated with the lake it's a reasonable use of property. Commissioner Zisla questioned if practical difficulties could be used instead of hardship. City Plaimer Gundlsch reported she has discussed this whit the City Attorney, and detenomed to use Ne hardship analysis. Hardship applies to the land, and the ordinance relating m practical difficulties will need to be evaluated. Commissioner Schiferl questioned what a reasonable expectation is of a property owner on a lake regarding boats and trailers. Commissioner Danger responded lake owners pay more in tares, and should allow access to the lake. Commissioner McPherson responded he understands the desire for extra space. Commissioner Howard suggested the applicant move the mihoad ties to allow an extra foot. Mr. Pieh responded the aihoed ties were pm in about 20 years no, and is worried that by moving them. he could incur water problems inside the house. Commissioner Scluferl stated that while inconvenient the boat and trailer could be storetl offsite. Mr. Pieh sated feet the problem of the cars extending irm the street would stili remain. Commissioner Zisla razed Nat Ne one other time the City approved a variance for a new garage still troubles him, and the mmission is trying to honor the request while preserving the integrity of the setback ordinance. In an effort to vastly improve a number of non confomitties on the property the commission is track on the side yard setback. City Plarmer Guadlach clarified the seeing code some; the nen conforming piece n it relate m damage due to uatmalcauses comes lam play when Ne parcel is 75 %or more damaged. City Planner Gundlach slated it is her understanding that City Staff use the strictest interprnmion of code, end