10-09-1995 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 (#4 - #2049 Chic Dwight/Fred Guttormson - Continued) Jabbour pp r inquired what the applicant would be allowed to repair on the deck if the • recommendation was not approved, noting that the current railing does not meet code. Gaffron said boards could be replaced without a variance. The question is at what level of replacement a variance is needed. If a deck is totally removed, it would require a variance to rebuild it. The City would likely approve a variance required to maintain the safety of an existing deck. Jabbour asked if the change from a window to a walkout door requires a variance. Gaffron said the variance, as well as a conditional use permit, is required because of the excavation. Hurr said she was concerned with the deck's encroachment on the lakeshore. The applicant noted that if the deck was asked to be removed, he would not proceed with the other proposed projects. Hurr said, even if the applicant would not proceed with the other improvements, she could not support the lakeshore deck remaining. Hurr was in support of the other recommended projects; though, she did voice some concern of the excavation. Goetten said she was also concerned with setting a precedent by allowing excavation for a walkout and would not support it. She emphasized the majority of the home being within the 0 -75' zone. Goetten said she would support the screened porch and deck but • not the deck at the lakeside. Jabbour said he takes a more realistic approach to the application. He noted that the deck is already there and would be rebuilt. The screened porch would be over and above a patio, which is hardcover anyways. Jabbour saw the tradeoffs as substantial to the goals of the City as the property has been extensively cleaned up. He saw the removal of the rock areas, driveway to the lake, and two sheds as major contributions to hardcover removal and 99% of what the City would like removed. Jabbour said he would not support the boulder walls unless they were to stabilize the ground. He did support the walkout. Kelley asked about the condition of the deck at the lakeside. Gaffron said he has seen it but not walked on it. The applicant said it was in good shape. Kelley asked Gaffron how much repair could be done to this deck. Gaffron said structural repairs could be allowed up to a value of 50% of the value at the time the deck became nonconforming, probably in 1975. He was not aware if the deck was there at that time nor whether its value had been established. The applicant said the house was built in 1970. Kelley asked if a grading plan had been presented at that time. Gaffron said probably not. The applicant said he has the original plans. 4