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TO:Planning Commission Chairman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />From:Michael P. Gaffron, Asst Planning & Zoning Administrator <br />Date: <br />Subject: <br />July 13, 1990 <br />#1565 Richard Anderson, 3205 Crystal Bay Road <br />After-the-Fact Variance - Public Hearing <br />Zoning District - LR-IC, Single family lakeshore residential, 1/2 <br />acre, sewered <br />Application - Request for after-the-fact hardcover variance for <br />constructed deck and proposed future porches and decks <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />Exhibit G <br />Exhibit H <br />Application <br />Plat Map <br />Property Owners List <br />Survey with Staff Sketches of Existing Hardcover <br />Staff Hardcover Calculations & Sketch <br />Applicant Submitted Hardcover Calculation <br />Proposed Site Plan/Landscaping Plan <br />Documentation Regarding After-the-Fact Deck <br />Pertinent Facts - <br />1.In 1988, applicant constructed a deck to the side and front <br />of his house, such deck being approximately 2.5' to 3' from <br />the side lot line. Most of this is considered as a grade <br />level deck by definition, no higher than the main ground <br />floor level of the house and not requiring a handrail. Per <br />Municipal Zoning Code Section 10.03, Subdivision 15 (C), <br />such a deck is; allowed to be constructed as near as 2' from <br />any lot line. A portion of this deck (the northerly 12' <br />along the. lot line) exceeds 30" above grade, wouId require a <br />railing, and wouldneed to meet the 10' minimum setback. The <br />deck also constitutes additional hardcover. The deck was <br />constructed without a building per.nit. <br />2.On July 1, 1988, the applicant was advised that a hardcover <br />variance application would be required, since the 75-250' <br />hardcover by applicant's calculations, exceeded the 25% <br />limit. Additional information was requested for review rt <br />that time. <br />3,Applicant was sent additional notices after not responding <br />to ,the variance notice, and eventually was issued a <br />violation citation in July 1989. The applicant paid a <br />$55.00 fine but failed to complete submittal of the required <br />variance application until June 1990. <br />r