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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,January 21,2014 <br /> 6:30 o'clock p.m. <br /> construct conforming additions or appurtenances. The deck was constructed 34.4 feet from the west side <br /> lot line where a 50-foot setback is required. <br /> The applicant's home is situated as close as 28.2 feet to the east side lot line where a 50-foot setback is <br /> required. The 8' x 8' deck is located at the rear of the home and is set back 34.4 feet from the property <br /> line to line up with an existing patio door. <br /> Staff finds that the substandard size of the applicant's property within the five acre zone is a practical <br /> difficulty. The applicant's home is located within the required side yard setback. The deck is set back <br /> further than the edge of the home to be in line with an existing patio door. It does not appear that the deck <br /> will have an adverse visual impact on either adjoining neighbor. <br /> Planning Staff recommends approval of the after-the-fact variance to allow the deck to remain. The <br /> property owner shall be required to apply for and receive approval of a building permit for the deck. In <br /> addition, the deck will need to be inspected by the building official. <br /> Lemke asked how the building inspector will inspect the footings. <br /> Curtis indicated she is not sure exactly how it will be done but that it is likely they will need to be <br /> excavated. Curtis stated the building inspectors have done that in the past in other situations. <br /> Landgraver asked if there is a shed on the property. <br /> Curtis indicated a permit was issued for the shed after the deck was construction without a permit and <br /> prior to this hearing. Curtis stated the deck was constructed in a conforming location. <br /> Dale Richardson, Applicant, noted this is a replacement deck and not a new deck. The stairs and landing <br /> were demolished prior to purchasing the property. The swallow footings for the deck were removed and <br /> replaced with full-depth footings. Richardson stated he did take photographs of the footings prior to <br /> covering them up, which is standard procedure. <br /> Richard indicated he applied for a permit back in March of last year and received no response from the <br /> City for over 60 days so he went ahead and finished the work. <br /> Acting Chair Landgraver opened the public hearing at 7:19 p.m. <br /> There were no public comments regarding this application. <br /> Acting Chair Landgraver closed the public hearing at 7:19 p.m. <br /> Schoenzeit moved,McGrann seconded,to recommend approval of Application No. 13-3632,Dale <br /> Richardson,4325 Chippewa Lane,granting of an after-the-fact variance in order to allow an 8' x 8' <br /> deck within the 50-foot side setback,subject to Staff recommendations. VOTE: Ayes 6,Nays 0. <br /> Thiesse asked whether an existing patio door is a passive statement for allowing something to be <br /> there. Thiesse noted there have been a number of buildings constructed with just a patio door. <br /> Page 9 of 26 <br />