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7 <br />Application Date: 8/21/00 <br />60 Day Deadline: 10/20/00 <br />TO:Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM:Paul Weinberger, Zoning Administrator/Planner <br />DATE:September 13,2000 <br />SUBJECT: #2610 Jerome J. Hall <br />80 Leaf Street <br />After-the-Fact Variance — Public Hearing <br />Zoning District: <br />Lot Area: <br />RR-IB One Family Rural Residential District (2 acre) <br />36,625 s.f. (.84 acre) <br />Application Summary: Applicant requests approval of an after-the-fact variance to permit <br />replacement of a deck within the 75' setback to a protected tributary. The applicant has stated the <br />preexisting deck was not safe and needed replacement. In July, 2000 it was observed the deck was <br />being replaced without a permit. The deck has been about 50% completed and is constructed larger <br />than the deck that was removed. <br />Preexisting deck = 174 s.f. <br />Replacement deck = 244 s.f. <br />* Approximately 25 s.f. of the replacement deck is outside of the 75* setback. <br />List of Exhibits <br />A Application <br />Plat Map <br />Site Survey <br />Project Photo <br />Site Topography <br />Property Owners Notification List <br />B <br />C <br />D <br />E <br />F <br />Pertinent Code Section <br />1.Section 10.56, Subdivision 16 (L) (1) prohibits hardcover within 75' of the ordinary high <br />water level (OHWL) of a tributary. <br />Analysis <br />Air photos indicate the preexisting deck was constructed sometime between the mid 1970's to the <br />early 1980's. The City does not have a permit on file for the deck. The replacement deck would <br />include two areas that were not part of the original structure. Please refer to the site plan attached <br />as Exhibit C. At its’ closest point, the deck would not encroach nearer to the protected tributary than <br />the old deck (48' from the OHWL). <br />12610 Jerome J. Hall <br />80 Leaf Street <br />After-the-Fact Variance - Public Hearing <br />Page I <br />1 <br />j