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DattttSubject!Mayor Petarson a Orono Council Menbars Planning Comisaiofi Chalman ICallay Orono Planning Comiiiasion Manbara City Administrator BarnhardsonJaanna A. Mabusth, Building ( Zoning Administrator April 11, 1991#1636 Stava Tibbatts, 1810 Shadywood Road - Aftar-tha-fact Variancas - Public Hearing 7 Partinant Ordinancas - Saction 10.22, Subdivision 2 - After-the-fact lakeshora hardcover variances. 0-75* Setback Area - 4,500 s.f. Allowed ■ 0% Existing ■ 178 s.f. or 3.95% Approved in Resolution I1718-B (Exhibit D) 75-250' Setback Area - 13,500 s.f. (recently confirmed by surveyor) Total Lot Area • 18,000 s.f. (Exhibit H) Allowed - 3,375 s.f. or 251 Approved with Building Permit 7/12/85 - 2,109 s.f. or 19% (existing house 534 s.f., addn 940 s.f., porous block drive 635 s.f., no sidewalks or decks, second floor deck, 49 s.f. not included in hardcover inventory - see Exhibit N) Existing Per Recent Survey - 4,901.55 s.f. or 36.3% Existing Per Staff Inspec. - 5,059 s.f. or 37.4%* House ■ Drive ■ Sidewalk - Street Side Deck ■ Lakside Deck ■ 1,711 s.f. 2,809.85 124 154.7 102 Lower Level (second floor deck located above not included) Landscape Area - 115.5 w/Plastic Lakeside Deck Stairs • 42 (3.5x12.5) (# 1KNSection 10.25 - Side setback variance required for street side deck. Existing ■ 3'1" (approved per Resolution 11718-B) Proposed ■ 3'1* Variance ■ 6.9* or 69% Zoning Pile #1636 April 11, 1991 Page 2 of 5List of ExhibitsExhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat MapExhibit Dl-3 - Resolution 11718-B, Approved 1/14/85 Exhibit E - Permit 15678, Issued 7/12/85 Exhibit P - Hardcover Pact Sheet Submitted w/Building Permit Exhibit G - Survey Submitted w/Building Permit Exhibit H - Surveyor's Letter of 3/14/91 Exhibit I - Hardcover Pact Sheet Exhibit J - Hardcover Site Plan Exhibit Kl-2 - Ploor Plan/Elevation - Street Side Deck Exhibit L - Ploor Plan - Lakeside Area Exhibit H - Staff Site Plan Exhibit N - Elevation 2nd Ploor Lakeside Deck Exhibit 0 - Resolution #1908, Approved 1/86 Review of Application - Although a building permit was issued in 1985 for the proposed addition to the existing residence on the property, applicant has only recently applied for a certificate of occupancy. In the process of making the final inspection, the Building staff noted variations from the approvals granted for the development of this property in Resolution #1718-B (Exhibit D1 through D3). The applicant was advised that he had obvious hardcover problems and that applicant had constructed a deck along the north side of the lot line where the above referenced resoluton would have prohibited expansion. It was staff's understanding that all new construction at that portion of the property would have to meet the required 10' setback. The applicant claimed to be confuased because it was his understanding that he was only at 19% and the property was approved for 25%. Please review Exhibit P, the hardcover fact sheet that was submitted with the building permit. The 1985 building permit covered a 2-story 22'x49' addition to the south side of the structure that included an 8H'x6* second floor deck. The permit was issued based on the use of porous blocks for the driveway. Review Exhibit N, note the building permit did include the second floor lakeside deck. Review Exhibits Kl through 2 and L, the lakeside deck at 102 s.f. and the street side deck at 154.7 s.f. were not shown on the building plans. Note also that the floor plans in the dinette area showed windows and not doors. Doors were also not shown within the existing living room area. The lakeshore deck does not encroach the 75' setback line nor an average lakeshore setback line (Exhibit H). The structure would not have required a hardcover variance at the time of the issuance of a building permit even if they were included because the driveway was to bo at a 635 s.f. hardcover.