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d. That granting the variance requested will not confer on the applicant any special • privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling already encroaches upon the setback, the proposed addition would increase the length of the encroachment. PLANNING AND ZONING BOARD On October 8th the Planning and Zoning Board first heard the Variance request and after much deliberation, advised the applicant to submit revised plans. At the November 12th meeting, the Planning and Zoning Board voted 4 -0 to recommend approval of the variance request based on the revised plans. RECOMMENDATION • Staff is recommending adoption of Resolution No. 08 -134, denying the request for a variance to the Ordinary High Water Level setback of the Shoreland Ordinance based on the finding of facts. If the City council wishes to approve the request alternative findings must be made, and the following condition is recommended by staff. 1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the accessory buildings on site have been reduced to a maximum of 4,200 square feet in area. ATTACHMENTS 1. Resolution No. 08 -134 2. Marier Justification Letters submitted September 12, 2008 and October 13, 2008. 3. Marier Site Plan submitted October 24, 2008 (two pages). •