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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 />