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5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />The applicant constructed a deck in spring 1996 constituting 207 s.f. of hardcover <br />of which 165 s.f. is new hardcover and 42 s.f. is over the pre-existing steps. <br />Applicant failed to apply for or obtain the required building permit for this deck. <br />Upon discovery by the Building L.spector, a Stop Work Order was placed on this <br />deck and the property owner was advised to proceed with an after-the-fact variance <br />application if he wished to retain the deck. While the deck meets all setback <br />requirements, it constitutes additional hardcover when the property already exceeds <br />the standard hardcover limits, and therefore is not allowed unless a variance is <br />granted. <br />In order to mitigate the additional hardcover of the deck, applicant proposed to <br />remove 255 s.f. of the existing asphalt driveway and further remove 115 s.f. of <br />lined rockbed, both items within the 75-250' zone and both of which constitute <br />hardcover. The net result of the 165 s.f. additional deck hardcover and 370 s.f. <br />of proposed removals is a net hardcover decrease of 205 s.f. in the 75-250' zone, <br />resulting in 75-250' hardcover of 4,832 s.f. or 41.7%. <br />Sometime between 1991 and 1996 the applicant rebuilt the lakeshore stairway in <br />the 0-75' lakeshore setback zone without a permit. That stairway system includes <br />a 6' wide by 13' long platform parallel to the shoreline, where City ordinances <br />would allow only a 4' wide platform at that location. <br />Existing lot coverage by structures is 11% of the entire property area, where the <br />zoning code would allow up to 15% lot coverage by structures. <br />The Council finds that the property as it existed prior to the illegally constructed <br />deck adjacent to the house, contained the maximum amount of hardcover that the <br />property can support. <br />The Council finds that the trade-off of hardcover in the driveway at a location <br />approximately 150-200' from the shoreline is not adequate mitigation for a deck <br />located approximately 75-85' from the lakeshore. <br />Page 3 of 5