Is the proposed variance desirable for the appropriate development or use of the land, building or structure?

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Is the proposed variance desirable for the appropriate development or use of the land, building or structure?

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The proposed variance will allow the applicant to replace the existing garage with a larger version. The proposed garage is to be located in the same place as the existing garage i.e. with a 0 ft side yard setback. The construction of a new building provides the opportunity to rectify existing non-conforming situations rather than continuing or even expanding the non-conforming building. It is not appropriate for the development of the lot to allow structures that do not conform to the zone provision to be re-built. Especially since the subject property is already eligible for a reduced side yard setback of 5 ft for one side yard because it has a frontage of 20 m (65.6ft) or less. In other words if the garage were moved 5 ft off the property line the applicant would not need a minor variance and be eligible for a building permit. . The lot is undersized, however there are configurations possible that would meet the zone provisions. On balance the need for a 0 ft setback is not justifie

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