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Approved (C) Ken Pieh requests consideration of a Variance and Nonconforming Use Permit to permit reconstruction and modification of a detached garage at a front yard and side yard setback less than required by Zoning Code at 1693 Peninsula Drive. The applicant is requesting Variances and a Nonconforming Use Permit to permit construction of a 24' x 26' or 624 SF detached garage. An existing 22' x 22' or 484 SF detached garage would be removed. The proposed garage would meet a 4' side yard setback where 5' is normally required and an 18' front yard setback where 30' is normally required. Additionally, a Nonconforming Use Permit 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 there is only about 4 feet of grade difference from the road down to the lake. Lastly, almost 1/3 of the lot is encumbered by area with the 1% change of annual flood chance zone (or 100 year flood). The applicant has met with staff several times to discuss the proposed variances. Staff has expressed concerns about limiting the amount of structure not meeting the required setbacks, while trying to balance a better placed garage location with practical two -stall dimensions. The applicant has met with the Rice Creek Watershed District, who intends to issue an administrative permit for the required garage rebuild. 22 notices were sent out, there were no comments received. Staff recommends approval of the front yard setback Variance and Nonconforming Use Permit, subject to the following condition: The garage dimension or location is revised to meet a 5' side yard setback. Second, should the applicant choose to decrease the width of the garage to meet the side yard setback, that footage could be added to the depth in an effort to not loose square footage. Staff recommends denial of the side yard setback variance request. Commissioner Schiferl questioned if the applicant has considered a single car deep garage. City Planner Gundlach was not aware of the applicants desire to do so. Commissioner McPherson stated he feels adding the garage and 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 tie 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 Planner Gundlach reported she has discussed this with the City Attorney, and determined to use the hardship analysis. Hardship applies to the land, and the ordinance relating to 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 taxes, and should allow access to the lake. Commissioner McPherson responded he understands the desire for extra space. Commissioner Howard suggested the applicant move the railroad ties to allow an extra foot. Mr. Pieh responded the railroad ties were put in about 20 years ago, and is worried that by moving them, he could incur water problems inside the house. Commissioner Schiferl stated that while inconvenient the boat and trailer could be stored offsite. Mr. Pieh stated that the problem of the cars extending into the street would still remain. Commissioner Zisla stated that the one other time the City approved a variance for a new garage still troubles him, and the commission is trying to honor the request while preserving the integrity of the setback ordinance. In an effort to vastly improve a number of non conformities on the property the commission is stuck on the side yard setback. City Planner Gundlach clarified the zoning code states the non conforming piece as it relates to damage due to natural causes comes into play when the parcel is 75 % or more damaged. City Planner Gundlach stated it is her understanding that City Staff use the strictest interpretation of code, and