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LINDQUIST & VENNUM pi _l.p. <br />Orono City Council <br />June 28, 1996 <br />Page 2 <br />the effect that no further variances would be granted on the property. Third, is the fact <br />that the Albrechts are proposing to reduce hardcover on the property by 205 square feet <br />and they are placing no improvements in the 0'-75’ lakeshore setback zone. <br />As to point number one, the Albrechts have apologized to the city for commencing <br />construction of this deck without getting proper permits. They are new to Orono's <br />requirements and made a mistake. They will pay the increased fees due to the violation. <br />They will reiterate their apology to the City Council that the law has been broken. <br />Beyond that, I do not know what further they could do. If there is something, please let us <br />know. <br />Second, there is no doubt that a significant number of the Planning Commission <br />members who voted against this variance did so because of the language in the 1991 <br />minutes. I have read those minutes and they are susceptible of two interpretations. One <br />interpretation is to make certain that no future improvements on this lot encroached into <br />the 0 ’-75’ setback zone. The new improvements in 1991 did not do that and the deck <br />proposed in 1996 also does not encroach into the 0'-75' setback zone. The other <br />interpretation, and I believe the one that was pertinent to the Planning Commission <br />members voting against this variance, was the idea that this property is relatively small and <br />with the house and other hardcover on it, it is substantially burdened. The hardcover on <br />the lot in the 75*-250' setback zone exceeds the limitations imposed by Orono. And <br />KUO I 885683 I