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15. The variance will result in no financial gain to the <br />property owner, but will serve only to minimize a financial <br />loss. <br />16. Denial of the variance would result in substantial <br />hardship to the property owner, both in terms of potential <br />financial losses and in terms of loss of enclosed parking, <br />particularly during the 1993 winter season. <br />C. In support of granting variances necessary to downsize <br />garage to 780 square feet <br />1. On October 23, 1992, the city's building official <br />issued a building permit for the construction of a 988 <br />square foot garage at 1433 West Idaho. <br />2. In good faith reliance on the building permit, the <br />owners of the property (Tom and Gunta Brace) contracted for <br />and commenced construction of the 988 square foot garage. <br />The foundation was poured and all structural work was nearly <br />complete or complete by November 17, 1992. <br />3. On November 16, 1992, the city received an inquiry from <br />a neighbor asking if the garage conformed to zoning <br />requirements. Upon review by the city administrator, it was <br />discovered that the garage violated the city's zoning <br />• ordinances regarding required setbacks, lot coverage and <br />maximum number of parking spaces, and that the building <br />permit had been mistakenly issued by the city's building <br />official. <br />4. On November 17, 1992, the city issued a stop work order <br />on the garage. <br />5. The equities which would favor granting variances to <br />complete construction of the 988 square foot garage are <br />primarily the economic expenditures by the Braces. These <br />economic interests are outweighed by the public interest in <br />consistent enforcement of zoning regulations, the prevention <br />of buildings which are out of scale with surroundings, and <br />the continuing administrative burdens of ensuring that such <br />a large accessory structure is not used for non-residential <br />purposes. However, the city finds that the equities favor <br />granting variances for a 780 square foot garage. <br />6. Under the unique facts of this case involving the <br />mistaken issuance of a building permit, the good faith <br />reliance thereon by the property owner, substantial <br />completion of the garage prior to discovery of the mistake, <br />and the existence of a 768 square foot garage on the <br />adjacent property, use of the property for a 780 square foot <br />garage is reasonable. <br />11 <br />