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• <br />• <br />d. That granting the variance requested will not confer on the applicant any special privilege <br />that would be denied by this ordinance to other lands, structures, or buildings in the same <br />district. <br />Considering that an alternative location for the garage, detached from the structure, is available, <br />granting the variance would allow the applicant to encroach into a setback in a way that other <br />structures would not be allowed. <br />e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. <br />The spirit and intent of the Ordinary High Water Level setback for structures is to minimize <br />encroachment of development onto a natural environment. While the existing dwelling already <br />encroaches upon the setback, the proposed addition would increase the length of the encroachment. <br />RECOMMENDATION <br />Staff is recommending denial of the request for a variance based on the attached finding of fact. If the board <br />wishes to recommend approval, the following condition is recommended: <br />1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the <br />accessory buildings on site have been reduced to a maximum of 4,200 square feet in area. <br />ATTACHMENTS <br />•1. Marier Justification Letter submitted October 13, 2008. <br />2. Marier Site Plan submitted October 24, 2008. <br />