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Regarding the house under construction at 3501 Downers Drive <br /> Property is zoned R-1 <br /> Surveyed area of site is 9908 s.f.(83 x 119.37 avg.).This meets requirement for lot area to be at least 9000 <br /> s.f. and 75 ft.wide. <br /> Building height is not to exceed 25 ft.Initially we were about 5 ft.higher than this,but we had the architect <br /> flatten the pitch of our roof to meet this requirement. <br /> Side yards are to be a combined 15 ft. minimum with no side yard less than 5 ft.Our home has a 5 ft and a <br /> 10 ft setback,meeting the 15 ft minimum. <br /> Allowable lot coverage in R-1 is 35%, in this case 3,468 s.f.Our home's footprint is 2,320 s.f.(incl <br /> garage).The driveway will be 28 x 41 = 1,148 s.f.Total 2,320+1,148=3,468 s.f. <br /> The floor area ratio is not to exceed.3. In the case of our home.3 x 9908 s.f.=2,972.40 st allowable on <br /> floors not including basement.Our_home has 1326 st.on the first floor and 857 st on the second floor <br /> plus a bonus room that has 730 st fora total of 2913 st for a floor area ratio of.29,meeting the <br /> requirement. <br /> Our problem lies in the fact that the building inspector is including the garage area in his allowable <br /> calculations of floor area ratio.Nowhere in the zoning regulations does it say that the garage area is to be <br /> included in the ratio.If the garage floor(785 s.f.)is included in the floor area ratio we would be at 3698 s.f. <br /> or.37.This is the reason that I filed for a variance to allow me to finish the bonus room.I had spoken to the <br /> inspector previously about this inclusion of the garage and he.told me that this was his interpretation of the <br /> zoning.However after filing the variance, I have studied the zoning ordinances and discovered the below <br /> listed definitions which I believe clarifies the situation. <br /> In Section 1605.01 Subd..31.the floor area ratio is defined as"the ratio of the maximum permitted floor <br /> area of the principal building or buildings to the area of the lot on which they are located or to be located." <br /> The garage is defined in 1605.01 Subd.33 as"an accessory building the primary purpose of which is-to <br /> house automobiles."Therefore,by definition,the garage floor area should not be calculated into the floor <br /> area ratio because the garage space is considered "accessory"rather than "principal".If our home were <br /> built with the same above grade square footage with a detatched garage,the floor area of the garage would, <br /> by definition,not be counted,nor should it be in this instance.The garage floor area is already being used <br /> in the lot coverage calculation and we conform to the allowable lot coverage of 35%.If the garage floor <br /> were to be considered"floor area of a home",the wording would have to be such as to include this space in <br /> the ratio. <br /> A reasonable person would not consider the garage area to be floor area.When one speaks of the square <br /> footage of a home's floors it is considered to be square footage above grade and excluding the garage. <br />