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L <br />To:Chainnan Schrceder ami Orono Planning Commission Members <br />Ron Moorse. City Administrator <br />From: <br />Date: <br />Michael P. Gaffron. Assistant Planning & Zoning Administrator <br />October 15, 1993 <br />Subject:#1879 Allen and Kathleen Bakke, 1127 Loma Linda Avenue <br />After-the-Fact Variance - Public Hearing <br />Zoning District: LR-IB <br />Application: After-the-fact side setback and hardcover variance for deck <br />constructed/refurbished in 1985. <br />Pertinent Code Sections <br />1.Section 10.22, Subd. 2 - "Within 250 ’ to 500 ’ of the shoreline, there shall be no greater <br />than 30% hardcover". (E.xisting hardcover is 35%). <br />Section 10.24, Subd. 5 (B) - "Side yard adjacent to another lot - 10’ setback required". <br />3.Section 10.03, Subd. 15 (Non-encroachments) - "Terraces, steps, uncovered porches, <br />stoops or similar struemres, which do not extend above the height of the ground floor <br />level of the principal building and extend to a distance of not less than 2’ from any lot <br />line" are non-encroachments. (The deck in question has railings which extend above the <br />main floor of the residence and therefore is required to meet a 10’ setback). <br />List of Exhibits <br />A - <br />B - <br />C - <br />D - <br />E - <br />F - <br />G - <br />Application <br />Plat Map <br />Property Owners List <br />Survey <br />1990 Letter Regarding Storage Shed <br />July 14. 1993 Letter RE; Fence Encroachment. Shed and Deck Addition <br />July 21, 1993 Letter from Property Owner <br />Brief .Suminary <br />I'his property is for sale. Ihe owner has been required to make an after-lhe-lact <br />application for decks w hich were constructed (partially reconstructed?) in 1985 without a permit.