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maoTBS or tbb puaniiaG commissios MBSTiaG march 20, 1989 <br />It was movisd by Planning Conailssioner Johnson, seconded by <br />Planning Commissioner Brown, to recommend approval of a <br />conditional use permit for overnight camping for 30 camp sites. <br />Motion, Ayes»4, Nays»0, Motion passed. <br />#1387 MARGARBT R08SIMG <br />130 C16MBT PLACE <br />APVBR TD PACT VAllAMCB <br />POBLIC HBARIM6 10*00 P.M. TO 10*19 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />duly noted. <br />The applicant was present for this matter. <br />Zoning Administrator Mabusth explained that the old deck was <br />located approximately 14' from the property line. The new deck <br />extends 11'4" from the rear property line only in the northeast <br />corner of the house. Planning Commissioner Bellows questioned <br />whether the deck was completed? Mabusth answered that there were <br />still minor finishing touches to be done. Ms. Rossing built the <br />deck without realixation that a building permit was needed. <br />After review of the file on this property, Mabusth could not find <br />that a permit had been issued for the original deck, nor was it a <br />part of the building permit application when the house was built. <br />Ms. Rossing commented that the original deck was totally rotted <br />when she bought the house and needed to be replaced. Mabusth <br />stated that a variance would have been required to build the <br />original deck due to the pre-1975 codes which required a 30' <br />setback from the rear lot line; the principal structure is <br />located 30' from the rear lot line. Since that time, the soning <br />codes require a 50' setback from the rear lot line. <br />Planning Commissioner Bellows asked Ms. Rossing who she had <br />hired to build the deck. Ms. Rossing replied that her sons had <br />built the new deck. She said that the project began in an <br />attempt to repair the original deck. As the project progressed, <br />it was determined that the old deck was rotted beyond repair and <br />was eventually replaced. Kelley observed that the deck was <br />enlarged when it was replaced. Ms. Rossing said that actually <br />the new deck does not encroach any closer to the rear lot line <br />than the old deck, it just encroaches in a different location. <br />She reiterated the fact that the old deck was rotted and unsafe <br />and that she had a sliding glass door that would have a 5* <br />dropoff were it not for the deck. <br />Planning Commissioner Bellows questioned whether approval of <br />this variance would be given if it were not after-the fact. <br />Kelley stated that he would not have had difficulty in <br />recommending approval, if the existing deck was merely replaced <br />and not enlarged. <br />Chairman Kelley asked whether Ms. Rossing paid a fine for <br />the after-the-fact variance fee. Mabusth replied that she had <br />not been fined because she is the homeowner and was performing <br />the construction herself.