10-19-1992 Planning Packet - Laserfiche WebLink

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Ms. Jean Mabusth October 6, 1992 Page 3 Mr. Hollander has been able to locate other pre-storm pictures showing the fully completed gazebo. Mr. Hollander has also discovered a photograph approximately 10 years old showing him with his infant son on the deck. This picture is dated approximately 1962. Affidavits of Walter Kleinsteuber, who worked on the 1987 reconstruction and states that the deck was there at that time, and John Cardwell, a family friend who recalls socializing on the deck in the early 1980's also support the photographic evidence. The statements of the person who helped build the deck are the most conclusive evidence of the date of its construction. Warren Matheson appeared at the May 18 Planning Commission meeting and has supplied an Affidavit regarding the construction of the deck. He specifically recalls building the deck in 1974, between the garage removal, referred to above, and a December, 1974, broken ankle. The deck and gazebo are grandfathered under Orono City Code Si0.03, Subd. 5: Non-Conforming Uses. Any land or building which were actually and legally devoted to a non-conforming use on January 1, 1975, may be continued in said non-conforming use pursuant to conditional use permit granted as hereinafter specified. The lakeshore setback ordinance in effect in 1974, Code §10.03, Subd. 6(d)(1), effective February 14, 1974, only restricted principle buildings from being located closer than 75 feet to the natural ordinary highwater mark of lakeshore property. Accessory construction setback restrictions §10.22, Srbd. 1(b), was not effective until April 1, 1984. Hardcover restrictions were also passed in 1984, §10.22, Subd. 2. At the time the deck and gazebo were built 18 years ago, they did not violate Orono's lakeshore setback or hardcover restrictions. A variance for the deck and gazebo are not substantial deviations from Orono policy because of the unique nature of this lot. As referred to above, the house itself violates the current 75 foot lakeshore setback and hardcover requirements, although they were not in effect at the time the building was constructed. Landscaping efforts, which add to the hardcover calculations were designed and constructed to slow erosion and restrict runoff into the lake, a major purpose for which the hardcover ordinance was adopted. The retaining walls, boulder wall and mortar stone "waterfall” served to level the ground, slow runoff, and allow percolation of groundwater. Construction drawings submitted as Exhibit K in the original staff packet show a reduced slope, additional drainage, and a sand, gravel and rock footing under the j. mil t 4 i