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whole and to following Commissioner Salzberg's approach to review • the variance application as though it had not been built and no mistakes had been made. Commissioner Barry said given the prior history of what the city accommodated in this area for the same sort of things that Mr. Brace wanted to do, a 780 sq. foot garage was reasonable. He added (not as a legal opinion) that from his experience litigating real estate values with the County of Hennepin that it is not unusual to have two very different appraisals. Commissioner Salzberg reiterated his support for the 780 sq. foot garage alternative by saying that if the structure continues to stand it harms the city and if it doesn't it harms the homeowner. One way to solve the problem is to pay the homeowner for damages incurred and to make the structure smaller. And, he said he could have supported a variance for 780 sq. feet had it come before the commission prior to any construction. Commissioner Boche said that the same number of variances were necessary for 780 sq. feet as the 988 sq. feet. Commissioner Kuettel said that if granting these variances set a precedent, it was probably that the city would be much more careful granting building permits for garages. Commission Huso said that he supported the 780 sq. foot garage • alternative because it was only 25$ rather than 50$ over the code allowance for area than the 988 sq. foot version. He concurred with Mr. Kuettel about the damages to Mr. Brace and felt that Mr. Brace should be compensated for these. Commissioner Andrews said she favored the 980 sq. foot garage for many of Mr. Boche's reasons. She said she thought going to 780 sq. feet and 600 sq. feet would only enrage this property owner. Commissioner Salzberg asked the city attorney again about letting the structure stand without granting a variance. Attorney Bachman explained that this option had been discussed with the Braces but that it would not have the finality that would come from the other options presented by staff. Whereas a variance was a legal decision on the property. If the intent of letting the garage stand and not granting variances was not to have it rebuilt if it was 50~ destroyed, the commission could. grant the variances and condition them that this structure not be rebuilt if there is 50~ or more damage to the structure. Commissioner Lampi said that there were conflicting appraisal reports and that she supported variances for the 988 sq. foot existing garage because the garage was not completed and it had been a city error. • 5