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A. <br />B. <br />The gazebo was constructed by a prior owner of the property, Rolla <br />Martin, some time prior to 1990, without a permit and in violation of the <br />hardcover and structure-to-structure setback ordinances. <br />In 1990 Mr. Martin submitted an application for a hardcover variance to <br />construct an addition to the existing residence. During the preliminary <br />staff review of that application, it was determined that the gazebo <br />construction had occurred and hardcover on the property was in excess <br />of that allowed by previous variance in 1986. Mr. Martin withdrew the <br />1990 application prior to its review by the Planning Commission because <br />he was intending to sell the house, and therefore the issue of the gazebo <br />and excess hardcover was never resolved. <br />Mr. Dowmey was unaware of the unresolved hardcover/setback issues <br />when he purchased the property and did not become aware of that issue <br />until Mr. Hegenes inquired of City staff whether there were any <br />irregularities on the property. Staff had previously flagged the file and <br />indicated that no permits should be issued until the unresolved issues <br />were taken care of. <br />The owner, Mr. Hegenes, has agreed to the removal of 1,488 s.f. of <br />hardco\ er including areas of rock and plastic and a gravel parking area. <br />The removal of said hardcover will bring the property from its current <br />75-250' hardcover level of 29.5%, down to below the 25% 75-250' <br />hardcover allowance. <br />Mr. Hegenes also proposes to reconfigure existing decks on the property <br />which will result in a 35 s.f hardcover increase, resulting in a fmal 75- <br />250' hardcover of 6,752 s.f or 24.3%, therefore requiring no hardcover <br />variance. <br />Page 2 of 6 <br />i