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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 /> could 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 /> 2 <br />