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I <br />k.^ <br />•r <br />t'V*- <br />liL <br />To:Mayor Peterson & Orono Council Members <br />City Administrator Bernhardson <br />nc <br />Proa: <br />Date: <br />Subject: <br />Michael P. Gaffron, Asst Planning & Zoning Adminis <br />February 4, 1991 <br />m <br />Cfry u ian <br />'Nq <br />#1611 Bruce & Camille Curtiss, 1920 Fagerness Point Rd <br />After-the-fact Variance - Resolution <br />Zoning District - LR-IC, Single family lakeshore residential, k <br />acre, sewered <br />Application - After-the-fact request for variance to replace deck <br />in 0-75' setback zone. <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Exhibit C <br />Exhibit D <br />Resolution <br />Planning Commission Minutes 1/22/91 <br />Planning Commission Action Notice 1/23/91 <br />Memo & Exhibits of 1/16/'91 <br />Discussion - <br />Please review the memo and exhibits of January 16, 1991. <br />Briefly, the applicants reconstructed an existing deck in the 0- <br />75* setback zone, without obcaining the proper variance and <br />building permit. An anonymous complaint lead to investigation by <br />the Building Inspectors who found that the deck was being totally <br />replaced and was nearly completed. <br />Review of the variance application and a search of <br />documentation in City files indicates that the new deck is almost <br />identical to the previously existing deck, and there is no <br />increase in hardcover. The new deck is approximately the same <br />shape as the old deck, and encroaches no nearer the lakeshore <br />than the old deck. <br />Plenning Casmdssioii RecoBiendation - <br />At their January meeting. Planning Commission voted 5-1 to <br />recosBRend approval of the after-the-fact variance fc*-' hardcover <br />and lakeshore setback, finding no increase in hardcover, no <br />changes in the pre-existing 0-75* setback encroachment, and the <br />new deck increases the safety factor over the old deck which was <br />de' '*riorating. <br />iflanning Commission conditioned approval on the applicant <br />p;j. .ng the penalty fee for the permit, and that the applicant <br />mane any changes required by the Building Department in order <br />that he new construction meet all building code requirements. <br />The applicants have paid the after-the-fact zoning variance <br />application fee.