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• B. Non-conformance <br />On November 16, 1992 the neighbor at 1427 West Idaho asked <br />the city staff if the garage conformed to the city's zoning <br />code. After reviewing the building plans and site plan for <br />the garage, staff determined that the garage did not conform <br />to at least two sections of the city's code governing <br />detached accessory structures. The applicable sections of <br />the code are identified in Part III of this report. <br />C. Stop work order <br />On November 17, 1992 staff told the property owner and the <br />contractor to stop work on the garage until the situation. <br />coul"d be resolved. The property owner and contractor <br />complied with this verbal order. A written order was <br />delivered to the property owner and contractor on November <br />25, 1992. No work has been done on the garage since <br />November 17, 1992. <br />D. Determining need for a variance <br />Initially staff talked to the adjoining property owners, <br />Mrs. King at 1427 West Idaho and Mr. Callahan at 1437 West <br />Idaho, to determine if they objected to the garage, and if <br />. there were ways to ameliorate any objections to the non- <br />conforming structure without further action. Staff also met <br />with Mr. Brace to discuss the circumstances of the <br />situation. No solution was reached. <br />At this time, the city attorney determined that the <br />appropriate procedure to follow under these circumstances <br />was for the property owner, Mr. Brace, to apply for a <br />variance to the zoning code to accommodate the non- <br />conforming garage. <br />On November 30, 1992 the administrator and city attorney <br />discussed the situation with Mr. Brace and his attorney. <br />Mr. Brace agreed to proceed with a request for a variance <br />for the structure as it is now configured. He and his <br />attorney also understood that the variance might not be <br />granted by the planning commission and city council for the <br />structure as configured. Mr. Brace agreed to provide cost <br />estimates for down-sizing the garage to a smaller square <br />footage as an alternative to the current configuration, and <br />as an alternative to a structure that totally conformed to <br />the zoning code. Mr. Brace understood that providing this <br />information would not indicate that down-sizing the garage <br />was a desirable alternative to him. <br />• <br />