10-21-1991 Planning Packet - Laserfiche WebLink

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To:Chairman Kelley and Planning Commission Members Mayor Peterson and Orono City Council Ron Moorse, City Administrator 9 Front:Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: October 15, 1991 #1690 William Pogue, 1991 Fagerness Point Road Appeal of Staff Interpretation - Public Hearing List of Exhibits Exhibit A - Letter of Request & Sketch Exhibit B - Letter to Applicant from Inspector 9/6/91 Exhibit C - Definitions - "Hardcover", "Structure" Exhibit D - Section 10.06, Board of Appeals Exhibit E - Section 10.22 Lakeshore Setbacks/Hardcover Regulations Exhibit P - Section 10.55, Subdivisicn 8, Development Restricted Within 75' of Shoreline Exhibit G - Resolution #2424 Exhibit H - Documentation of 1988 Variance Revision Exhibit I - Building Inspector's 1991 Sketch, Hardcover Added Since 1988 ^ fftoTOS Pertinent Code Sections 1. Section 10.02 Definitions of Hardcover, structure, accessory use or structure. 2. Section 10.22, Subdivisions 1 & 2; No hardcover or temporary or permanent structures allowed within 75' of the shoreline. 3. Section 10.55, Subdivision 8; Prohibits any hardcover or temporary or permanent structure within 75' of the shoreline . Appeal Synopsis During an inspection of the neighboring property, the building inspectors observed a skate board raunp structure located on applicants property in the 0-75' setback zone. Given the history of hardcover activity on applicants property, inspectors determined that this ramp is hardcover, is in the 0-75' lakeshore setback, was built without a permit, and appears to be too near the side lot line. A letter noting these points was sent to the applicant. Applicants position is as follows: 1. Skateboard ramp should not be considered a permanent structure. 2. Skateboard ramp should not be considered hardcover because it is mobile. 3. As a mobile, non-permanent "toy", the ramp should not be subject to zoning requirements.