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Issues <br />1.Approximately 8,742 s.f. of utility and private driveway easement area cannot be credited <br />for lot area nor can this area be used for any residential construction. <br />2.The only area available for residential construction is located entirely within the lakefbore <br />protected area. <br />3.Variances were approved on this property to allow an addition of living space and an <br />attached garage. TTie original plan was changed following the DNR recommending all <br />improvements occur behind the DNR setback of 50' from the lakeshore. The new deck <br />would be located only 40' from the lakeshore. <br />4. <br />5. <br />6. <br />7. <br />The property is served with sanitary sewer. <br />The deck was built without obtaining a building permit from the City. <br />Applicant has installed a sliding glass door in the location of the new deck addition. <br />Construction of the new deck has increased the size of an existing deck from 146 s.f. to 292 <br />s.f. The previous deck is legal and did have permits issued by the City. <br />STAFF RECOMMENDATION <br />Staff is recommending denial of the application based on the new deck being located within the 0-75' <br />lakeshore setback. The hardship on the property was created by the applicant constructing the deck <br />without obtaining permits. In the applicant's Statement of Hardship he has stated because he could <br />not meet the City hardcover requirements, he did not apply tor a building permit. <br />U244S Glenn Upton <br />S6S5 Sorth Shore Drive <br />yartances <br />1/19/99 <br />Page 4 <br />J