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MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 16, 1990 <br />11473 JACQUELYNN KEU.Y <br />2056 SHAOYWOOD ROAD <br />AFTER-THE-FACT VARIANCES <br />PUBLIC HEARING 8:10 P.M. TO 8:20 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />duly noted. <br />Jacquelynn Kelly was present for this application, as was <br />Mr. James Klien and Mr. Stewart Bear, attorney for the <br />applicants. <br />Mabusth explained that this application involved approval of <br />after-the-fact variances for a two-ci.-.red deck that has been <br />placed approximately 20' in front of the average lakeshore <br />setback line. Mabusth said the deck is 3' in front of the 75' <br />setback line and 9' from the side lot line and there is <br />approximately 3.5% additional hardcover as compared to the deck <br />area of the original deck. <br />Mr. Bear said that only a 2'-3' portion of the deck <br />encroaches the 75' setback line, which is 0.0007% of the <br />hardcover in that zone. <br />Kelley asked Mr. Bear if he was disaareeing with staff's <br />calculations which indicated that hardcov*. r in that area is 16 <br />s.f. <br />Mr. Bear acknowledged the fact that his clients did work <br />without obtaining the necessary permits. He said that some <br />changes did take place from what had existed, but that was <br />primarily due to safety reasons. Mr. Bear said that the existing <br />deck was in an unsafe condition and was a hazard. Mr. Bear said <br />that the reason the appl icants worked after a stop work order was <br />issued was because they had the untreated lumber lying on the <br />ground. They decided to put the deck ui- and "let the chips fall <br />where they may", because winter was coming. Mr. Bear said that <br />the applicants are Intending to remove the rock gardens <br />surrounding the deck to decrease the amount of hardcover on the <br />property. <br />Hanson referred to Mr. Bear's statement about the <br />applicant's proceeding because winter was coming. Hanson noted <br />that the citation was issued in September. <br />Mr. Bear said that the work on the deck is not totally <br />complete, the railings have not been installed. <br />Kelley asked the applicants what their hardship to warrant <br />the variance for the deck is? <br />Mr. Klien explained that his original idea was to repair the <br />deck and make some changes in the design of it. He said that <br />once he began the project, he realized the condition of the <br />deck and tore it down. Mr. Klien indicated that he had never <br />lived on the lake before this and was unaware of the City's