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whole and to following Commissioner Salzberg's approach to review <br /> the variance application as though it had not been built and no <br /> mistakes had been made. Commissioner Barry said given the prior <br /> history of what the city accommodated in this area for the same <br /> sort of things that Mr. Brace wanted to do, a 780 sq. foot garage <br /> was reasonable. He added (not as a legal opinion) that from his <br /> experience litigating real estate values with the County of <br /> Hennepin that it is not unusual to have two very different <br /> appraisals. <br /> Commissioner Salzberg reiterated his support for the 780 sq. foot <br /> garage alternative by saying that if the structure continues to <br /> stand it harms the city and if it doesn't it harms the homeowner. <br /> One way to solve the problem is to pay the homeowner for damages <br /> incurred and to make the structure smaller. And, he said he <br /> could have supported a variance for 780 sq. feet had it come <br /> before the commission prior to any construction. <br /> Commissioner Boche said that the same number of variances were <br /> necessary for 780 sq. feet as the 988 sq. feet. <br /> Commissioner Kuettel said that if granting these variances set a <br /> precedent, it was probably that the city would be much more <br /> careful granting building permits for garages. <br /> Commission Huso said that he supported the 780 sq. foot garage <br /> alternative because it was only 25% rather than 50% over the code <br /> allowance for area than the 988 sq. foot version. He concurred <br /> with Mr. Kuettel about the damages to Mr. Brace and felt that Mr. <br /> Brace should be compensated for these. <br /> Commissioner Andrews said she favored the 980 sq. foot garage for <br /> many of Mr. Boche's reasons. She said she thought going to 780 <br /> sq. feet and 600 sq. feet would only enrage this property owner. <br /> Commissioner Salzberg asked the city attorney again about letting <br /> the structure stand without granting a variance. <br /> Attorney Bachman explained that this option had been discussed <br /> with the Braces but that it would not have the finality that <br /> would come from the other options presented by staff. Whereas a <br /> variance was a legal decision on the property. If the intent of <br /> letting the garage stand and not granting variances was not to <br /> have it rebuilt if it was 50% destroyed, the commission could <br /> grant the variances and condition them that this structure not be <br /> rebuilt if there is 50% or more damage to the structure. <br /> Commissioner Lampi said that there were conflicting appraisal <br /> reports and that she supported variances for the 988 sq. foot <br /> existing garage because the garage was not completed and it had <br /> been a city error. <br /> 5 <br />