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4 ^ <br />PLANNING COMMISSION: <br />Planning Commission reviewed the requested variances and site issues at a public hearing held on <br />Monday, April 21,2003. Planning Commission recommended by a 7 to 0 vote to: <br />Approve 36 s.f. of additional hardcover in the 0-75’ setback zone for lower deck. <br />Deny additional structure in 0-75’ setback zone for the second story dec!:. <br />Deny encroachment into the average lakeshore setback for the second story deck. <br />Deny additional lot coverage by structures increasing to 1,650 s.f. for the second story deck. <br />STAFF RECOMMENDATION: <br />1. In the opinion of staff, the approved, stamped plan set contains substantial notations and <br />markings to indicate the upper level deck was not approved. The approved plan set is <br />supposed to be us^d for construction. <br />2. The plans used by the applicant to gain variance approval clearly did NOT show a second <br />story deck (See Exhibit D of Planning Commission report - 4/21/03 - excerpted from <br />11/13/00 staff report). <br />3. The fact that the proposed deck was merely a ground level deck and therefore not <br />contributing to lot coverage was discussed at the Planning Commission meeting of <br />11/20/00 (See Exhibit F of Planning Commission report - 4/21/03, page 2). <br />Based on the above staff recommends remr-val of the second story deck and requiring the <br />applicant to take steps to make the upper level door safe by adding a railing or permanently <br />blocking it. <br />Because there are two lower level doors exiting the house, staff recommends retaining the <br />lower level deck with railings as-is, and grant a variance for the additional 36 s.f. hardcover, <br />yielding 2,118 s.f. or 26.4% where 2,328 s.f. or 29.0% had existed and 2,082 s.f. or 26.0% <br />had been approved. <br />COUNCIL ACTION REQUESTED: <br />Direct staff to draft a resolution reflecting the Council ’s action for adoption at the April 14, <br />2003 City Council meeting. <br />This after the fact variance application was submitted by the builder, Fred Johnson. The <br />builder was not able to attend the April, 2003 Planning Commission meeting and has indicated <br />to staff he will not be attending the April 28, 2003 City Council meeting. The new owners of <br />the property, Randy and Michelle Chwialkowski, and the architect, Todd Knutson, were <br />present at the Planning Commission meeting and will continue seeing this variance application <br />through the process. <br />J