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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 /> 8 <br />