05-12-2003 Council Packet - Laserfiche WebLink

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2. 3. 4. The property is located in the LR-IC (Vz acre) One Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on April 21, 2003 and recommended denial on a vote of 7 to 0 for variances to allow the second story deck to remain, but recommended t^rproval of the additional 36 s.f. of hardcover over and above that approved by prior City Council action, flnding no hardship to justify allowing the secoua a; jry deck to remain but finding that the second doorway on the first story necessitated the additional 36 s.f. of deck and stairway area for safe access. The City Council reviewed this application on April 28, 2003 and made the following findings: A.The approvals granted for construction on this property via Resolution No. 4579 adopted December 11, 2000 did not include approval for a second story deck. B.To obtain a building permit for construction of a new residence on the property, the applicant submitted construction plans which included a first story screen porch and second story deck. During the City’s plan review process the building plans were clearly marked by the Orono Building Official to note that the screen porch and second story deck were not approved, and a set of plans so marked was provided to the applicant when he was issued the building permit on May 18, 2001. C.The applicant constructed the second story deck despite the lack of approval for the deck. The Orono Building Inspector did not note that a second story deck had been constructed, and a Certificate of Occupancy was issued for the completed residence on March 8, 2002. D.Shortly after the Certificate of Occupancy was issued, the Orono Building Official noticed the decks and contacted the i^)plicant by phone in June 2002, advising the ^plicant of the apparent violation and advising him to take steps to eliminate the violation, one option of which was to apply for an after-the-fact variance. Page 2 of6 i -