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Tot <br />Frost <br />Datot <br />Subjocti <br />Chairman Kelley and Planning Commission Membew^ <br />Mayor Peterson and City Council <br />Ron Moorse, City Administrator ^ <br />Jeanne A. Mabusth^ Building 6 Zoning Admin^p^at^r^ <br />4 <br />November 19, 1992 <br />#1493/1570 Chuck Downey, 2665 Casco Point Road - <br />Clarification of Council Directives - Resolution <br />2934 <br />In March of 1991 Council approved Resolution No. 2934 which <br />granted approval of land alterations within the 0~75* setback <br />area consisting of two tiers of retaining wall. The variance <br />portion of the application consisted of an after*-the-fact average <br />lakeshore setback variance for a lakeside deck constructed <br />sometime in 1982 without the benefit of a buildim. permit. A <br />hardcover variance was also needed for a 6* x 19' addition to be <br />installed at the street side of the existing residence. The <br />applicant has obtained the permit for the lakeside deck but dc^ j <br />not plan to proceed with the structural addition or the land <br />alteration improvements. Please refer to Exhibit A. Applicant <br />advises that the house is being sold and if hardcover removals <br />called for in Resolution No. 2934 are required, Downey will loose <br />the potential sale. <br />Mr. Downey was advised by staff that Resolution No. 2934 did <br />not specify that hardcover removals were just conditioned on new <br />construction. Although the lakslde deck may have not resulted in <br />additional hardcover, the improvement did involve structural <br />intensification where hardcover excesses exist. In 1982, at the <br />time the deck was installed, the intensification of structure was <br />not an issue. Mr. Downey has asked that Council provide <br />clarification on this matter. <br />Review of Appllcatioe •14§3 and 1570 <br />In 1982 applicant received approval of a setback variance <br />for a proposed detached garage. Hardcover at that time was <br />approved at 45% with the 75-250* setback area. In the current <br />review, hardcover in the 75-250* setback area was found to be at <br />59.94%. Much of the additional hardcover resulted from the <br />following (refer to Exhibit D)i <br />1. 561.8 s.f. or 6.7% of landscape area underlain with <br />plastic. In 1982 the City did not include these areas <br />as hardcover. <br />2. 480 s.f. or 5.7% of expanded gravel/paved parking area <br />adjacent to entrance drive to garage. In the 1982 <br />review applicant was advised to provide a back out <br />apron. The City Engineer advised in the recent review <br />that because of the proximity of Casco Point Road, the <br />expanded area cannot function as a back out but does <br />provide off-street parking.