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C. Grant the variances necessary to downsize the garage to <br />780 square feet and offer to pay the Braces the costs <br />of downsizing the garage <br />1. Necessary variances <br />All necessary variances may be granted to allow the <br />property owner to build a smaller garage, but one that <br />is larger than provided for in the zoning code and is <br />consistent with the neighbor's garage area at 1427 West <br />Idaho. The 780 square foot was selected because the <br />garage may be structurally reduced to this size. This <br />requires a variance of four feet in the rearyard <br />setback and three feet in the sideyard setback because <br />the structure is within the rear 25~ rather than rear <br />20~ of the property (Chapter 9, Section 2.04, <br />Subdivision 1(c)). And it requires a variance in the <br />40% of required rear yard coverage (600 square feet) by <br />detached accessory structures because the structure <br />would cover 52~ (780 square feet) of the required rear <br />yard (Chapter 9, Section 2.04, Subdivision 2(b). It <br />also requires a variance in the number of off street <br />parking places. (Chapter 9, Section 4.01, Subdivision <br />5 (e) of the city code. ) <br />• 2. City Attorney's Opinion <br />The Braces have submitted a contractor's estimate <br />indicating that it would cost $9,400 to downsize the <br />garage to 780 square feet. Because the garage on the <br />neighboring property is 768 square feet, it is the city <br />attorney's view that it would be very difficult to <br />demonstrate that a 780 square foot garage results in a <br />substantial diminution or impairment of property values <br />in the area. Thus, with appropriate findings, it is <br />the city attorney's view that the granting of a <br />variance for a 780 square foot garage would probably be <br />upheld by a court. <br />According to the city insurer, the city's errors and <br />omissions insurance will cover a reasonable cost of <br />downsizing the garage. There is a $2,500 deductible on <br />this policy paid by the city. <br />It is unknown whether this solution would be acceptable <br />to the Braces. It would be a particularly undesirable <br />outcome for the city if the city granted the variances <br />for a 780 square foot garage and paid the Braces for <br />downsizing, only to be sued later by the Braces for <br />claimed additional damages. It is appropriate for the <br />city to inquire of the Braces whether they are willing <br />• g <br />