10-19-1992 Planning Packet - Laserfiche WebLink

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Ms. Jean Mabusth October 6, 1992 Page 2 granted significant variances. The narrow deptt and natural contour of the lot place great constraints on construction. Orono ordinances have put increasing restrictions on the size and location of improvements, and have further impacted this lot. As you pointed out in your staff report, previous construction had been permitted prior to or in accordance with regulations that are no longer in effect, and much of the improvements are now considered non-conforming. Mr. Hollander requested a variance to add an attached garage with deck in 1974, removing the existing, detached garage as a condition for the grant of the variance. In 1982 a major fire damaged much of the house, including, incidentally, much of the possible documentation of the original building of the deck and gazebo. Improvements to the house were made under permit as a result of the fire damage. In 1987, the "storm of the century" caused a landslide and approximately $100,000.00 in unreimbursed damage to the recently renovated house. Again, building permits were obtained for the reconstruction and have been provided in the Staff package. Recent review of the City's documentation disclosed that the detached deck and gazebo in question were not part of the previously issued building permits, and this matter was brought to your attention. As has been previously ac)cnowledged, documentation in past years was often not as thorough as is done today. Furthermore, improvements built under then-existing ordinances and regulations are now non-conforming uses under current zoning ordinances. Lack of City documentation does not conclusively establish that the deck and gazebo are recent improvements. Mr. Hollander has been able to establish that the deck and gazebo are grandfathered, non-conforming structures under the current ordinances, and were not built after the 1987 storm damage. Copies of the Orono City Assessor's property cards refer to a 750 square foot deck in 1983. This is the approximate size of the current deck and gazebo as calculated by Mark Gronberg in the survey submitted as part of this variance application, and much larger than any deck attached to the house. Copies of 1983 and 1984 valuation sheets showing both a deck and enclosed perch are attached. The City Assessor does not have any records prior to 1983. This documentation can only be interpreted as showing that the unattached deck existed in 1983, prior to the 1987 storm damage. Pictures of the storm damage, copies included, show the deck covered by mud and the remains of the gazebo structure. ' i i