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TO: <br />FROM: <br />DATE <br />Mavor Callahan and Orono Council Members <br />Ron Moorsc, City Administrator <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />July 9. 1993 <br />COUNCIL MEEHNG <br />JUL 1 2 1553 <br />cnv OF ORONO <br />SUBJECT: #1830 Richard Oorlog, 1058 Loma Linda Avenue - Variances - Resolution <br />Brief Review of Apphco^ion <br />The application involves the reconstruction of a lower I6*x26* lakeshore deck and the <br />replacement of an upper level deck with an ll'/2’x9’ enclosed dining room and a connecting <br />upper level dec' at 9’xl4 ‘/:’. The enclosed upper level addition will be located 16’ in front of <br />the average lakeshore setback lii.» for principal strucaires. Please review Exhibit J. The deck <br />structure shall be located 10' in front of the average lakeshore setback line established by the <br />decks on the adjacent properties. The lower deck will encroach the lakeshore protected area by <br />5’ but will extend no closer to the lakeshore than the existing grade level deck. Hardcover <br />excesses exist within the 0-75’ and 75-250’ setback area. The 75-250’ setback area has 92.9% <br />as a result of the extensive bimminous paving and gravel landscape areas underlain with plastic. <br />The adjacent neighbors have been shown the improvement plans and voiced no concerns <br />with the proposal. Applicant claims the neighbor to the south created a major impact on the use <br />of his lakeshore decks when the neighbor ’s lakeshore deck was extended closer to lake. <br />The Planning Commission reviewed the issues of the earlier 1990 after-the-fact variance <br />review foi the neighboring property noting the similarity of hardcover excesses (review Exhibits <br />K 3iid L). Members concurred that reconstruction of the lower level deck where portions <br />encroach into the 0-75’ setback area would be more acceptable if all plastic within the 0-75’ and <br />75-250’ was removed. Members also noted that the 10 s.f. of grade level stair leading from the <br />reconstructed lower deck could be easdy relocated out of the 0-75 setback area. <br />The Planning Commission recommended unanimous approval of the multiple variance <br />application subject to the condition that all plastic beneath the landscape rock located within the <br />0-75’ and 75-250’ setback area be removed and noted that the gravel area adjacent to garage <br />where boat is stored continue to be considered hardcover and that staff was to make the <br />necessary adjustments in hardcover inventory. The enclosed resolution has been drafted per the <br />Planning Commission ’s apprt)val recommendation including the hardships noted by applicant and <br />Uie findings and conditions noted by the Planning Commission. Please review the minutes of <br />the June 21st meeting and the staff memo for more background on the review.