01-19-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 1999 II (#4)#2443 GLEN UPTON, 3685 NORTH SHORE DRIVE,VARIANCE, 6:48 p.m. -7:00 p.m. Weinberger stated that the applicant has applied for after-the-fact variances to permit a deck located on the lakeside of the residence 40'from the lakeshore. The deck was constructed in 1996 following an addition to the house. He said the applicant stated in his hardship statement that he did not apply for a building permit for the deck addition because he was concerned about meeting the allowed hardcover on the property. Weinberger said that in 1995 the Council did grant variances on the property for hardcover and lakeshore setback that allowed a garage and living space addition to the residence. The total came to 22.2% hardcover, all within the 0'-75' setback on the property. The only developable area on the property is within the 0'-75' setback. An easement has been created over a large portion of the lot to serve as an access drive for several lots that do not have direct access to North Shore Drive. The applicant had an original proposal to construct a deck in the location of the deck built without a permit in 1996. The DNR recommended the deck not be located as proposed due to the 50' setback requirement on lakeshore properties. The deck was later removed from the plans. The new deck is located 40'from the lake. The applicant is proposing after-the-fact variances to permit the construction of a residential deck within 75'of the lake, to allow 22.6% hardcover where 0% is normally allowed, and to allow structural coverage to increase from 21.6%to 23.3%. Weinberger stated that staff recommends denial of the application based on the new decking being located within the 0-75% setback and based upon the 1995 approvals stating that only 22.2% hardcover would be allowed. Glenn Upton, the applicant,was present. Upton read a statement to the Commission members. He said that the 1995 plan to install a sliding glass door was approved by the building inspector and the door was installed. A platform and steps would be required to use the door. He said he is allowed to have a 4'x 4' platform and steps to the 411 ground. He extended the deck to make a platform. Upton admitted that he did not apply for a permit because he did not think he could get a variance. Smith asked if the deck is a new structure or an addition to an existing deck. Weinberger responded that this portion of the deck is new. There was an existing portion of the deck prior to the remodeling that was done. Smith asked if the portion of the deck marked "existing deck 1984"was there when Mr. Upton came in for the 1995 application and the Planning Commission agreed that the deck could stay. Weinberger said that was correct. There were no public comments. Schroeder asked how the City became aware of the deck. Weinberger responded that the City Building Inspector was inspecting storm damage on a neighboring property and it was discovered at that time. Schroeder stated that he cannot support the variances. Smith agreed with Schroeder and said she cannot support the variances. Lindquist and McMillan agreed. Upton asked if the Commission would allow him to have a 12'x 7' addition to reach the older part of the deck. • Page 3