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Date Application Received: 12>10-02 <br />Dale Application Considered as Complete: 8-26-03 <br />60-Day Review Period Eipires: 10-26-03 <br />To: <br />From: <br />Date: <br />Subject: <br />Chair Smith and Planning Commissioners <br />Ron Moorse, City Administrator <br />Mike Gafiron, Planning Director <br />October 17,2003 <br />^02-2858 Scott Standa, 2659 Casco Point Road - Variance (After-the-Fact) <br />- Public Hearing <br />Zoning Dbtrict: <br />Lot Area: <br />LR-IC Single Family Lakeshore Residential, 1/2-acre min. <br />0.29 acre (12,815 s.f.) <br />Application Summary: Applicant requests after-the-fact hardcover and setback variances to <br />allow the reconstruction of a deck located at the shoreline attached to an existing accessory <br />building. Variances required include: <br />1. Structure within 0-75* setback zone, extending out over the shoreline (cantilevered 2-3* <br />past the OhWL). <br />2. Structure encroaching within 1 foot of side lot line. <br />3. Hardcover in 0-75* zone of 16.24% (no changes proposed). <br />4. Encroachment of average lakeshore setback. <br />Staff Recommendation: Staff recommends denial. If this reconstruction had been applied for <br />before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line <br />would likely not have been approved, in staffs opinion. <br />List of Exhibits <br />A - Application <br />B - Letter of Request 11/4/02 <br />C - Existing & Proposed Survey/Site Plan <br />D - Submitted Deck Plans <br />£ - Submitted Hardcover Calculations <br />Background <br />F - Correspondence 2001-2003 <br />G - Photos <br />H - Property Owners List <br />I - Nei^bor Acknowledgement Form <br />J - Plat map <br />In June 2001 Building Inspector Marc Davis found that the deck adjacent to the lakeshore accessory <br />building had been replaced, and he advised the owner that a permit was needed for such work. In <br />July 2001 the owner applied for a building permit and was advised that because the work was within <br />75* of the shoreline a permit could not be issued and it would have to be removed or a variance <br />application would have to be filed to see if Council would allow it to remain. <br />On August 14, 2001 the owner filed an incomplete variance application, lacking most of the <br />necessary information to process it. This matter remained as an open violation file and the next <br />communication between applicant and City was in October 2002, which resulted in a new variance <br />application being filed in December 2002, but still lacking an up-to-date survey. After a flurry of <br />discussion between City and applicant in May/June 2003, a survey was submitted and the application <br />considered as complete in late August 2003.