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CASE REQUEST FOR A VARIANCE FOR AN ACCESSORY BUILDING THAT IS LOCATED CLOSER TO THE FRONT PROPERTY LINE THAN THE PRINCIPAL STRUCTURE AND ENCROACHES THE SIDE YARD SETBACK; CASE OF PATRICK GOULD By: Zoning Administrator Sylvia Frolik Background: Patrick Gould resides at 9205 Ermine Blvd. N.W. His property is in the northwest quadrant of the intersection of Ermine Blvd. N.W. and County Road #83. The County is in the process of acquiring additional right-of-way for improvements to County Road #83. Mr. Gould's property is impacted by the pending project and he deeded 27 feet of his side yard to the County for the necessary improvements. Observations: Mr. Gould has 3 garages: one attached to the house and two detached. Garage B as shown on the enclosed exhibit was impacted by the loss of side yard to' the County Road #83 improvement project. The garage was located approximately 41 feet from the east property line. With the dedication of an additional 27 feet to the County, the garage now sits approximately 14.5 feet from the new east property line. This loss of side yard renders the garage non-conforming. As such, it cannot be repaired or reconstructed in its present location if it is every destroyed or damaged to more that 50% of its fair market value. For protection of his property rights and the rights of any future owners of the property, Mr. Gould has requested that a variance be granted allowing the garage to remain in its present location in the event of destruction or damage. In the process of writing this case, Staff noticed that Garage B is also located closer to the front property line than the principal building. Historical records reveal that a building permit was issued to a previous property owner in 1986 without benefit of a variance. The following items are enclosed for your information: Site location map Exhibit A site plan Proposed findings of fact Proposed variance Notification: In accordance with State Statute, Staff attempted to notify property owners within 350 feet of the subject property of the request for a variance.