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REQUEST FOR COUNCIL ACTION Date: April 5, 2006 r� Item No. ' / Department Approval: Administrator Approval: Agenda Section: Name:Melanie Curtis Title: City Planner Item Description: Appeal Staff Decision to Deny After-the-Fact Building Permit for Illegal Deck Michael & Donna Ebertz— 1220 Tonkawa Road Zoning District: LR— 1 B, One Family Lakeshore Residential, 1 Acre List of Exhibits: Exhibit A - Property Survey dated 10-27-04 Exhibit B - Property Owners submitted letters, building permit application and plans Exhibit C - Letters from Staff to the Property Owners P Exhibit D - Photos of the Existing&New Deck Exhibit E - Site Plan based on the Property Owners' submitted information (prepared by Staff) Exhibit F - Property Owners Appeal Request Exhibit G- Resolution No. 5325 Application Summary: i'Y: In February 2006, the property owners, Michael and Donna Ebertz, were notified that the lakeside deck on their property which was recently rebuilt was done so without proper City approvals. The Ebertzs were told in a letter dated February 9, 2006 that they were required to apply for an after-the- j fact building permit for their new deck. On February 24, the City received an after-the-fact building permit application, however there were no plans attached to the application. The Ebertzs were contacted and notified that plans were also required to be submitted in order for our review to continue. The submitted plans were reviewed and on March 8, staff sent a letter notifying the Ebertzs that after staff review their after-the-fact building permit had been denied (see letter dated March 8, attached as Exhibit C) and the lakeside deck was to be removed no later than April 10th. On March 17, the Ebertzs requested an appeal of the staff decision to deny their after-the-fact building permit application. Staff Recommendation Thero ert owners recently constructed a new deck on their lakeshore. According to the submitted p P Y P approximately plans the deck was constructed a roximatel 10' further from the lake than the existing, the configuration of the deck (see Exhibit E) and method of construction have also changed. A building permit is always required for repair or new construction work to any structure or building within the City. Additionally, in this particular situation a hardcover variance review is also required as the property exceeds the allowed level of hardcover in both the 0-75' and the 75'-250' zones. As to the property owners statement within their appeal request regarding their ignorance of Orono's City Codes staff feels that it is inaccurate... The Council may recall the previous application involving the property owners regarding lakeside retaining walls, land alterations and hardcover variances. In