02-26-1990 Council Packet - Laserfiche WebLink

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i 1 »enfb„« wo^rVln^'aneV Fv/"oetten said tha\*'a’h ‘he 75-25n"®r* *•^«ne ai3„" |5* “IbVtalt^'^H^” hardc‘/v.^*‘r»•t with^onlv*^ original decJc*^o^h*^ rebuildthat the cA’; V‘*'' ‘•'o grcuii co^Jr^** ’ '>® "•“- -noe e„,tAA%" aA%i“bl “rd^Ad%?i*"«'»- hv^A-e-1.?-•’-—-Old n:;v''’‘- i"Ahrt7d%Aitrthe proDertv g-K i^ediatelv ®9reement- -t -Itl^n-:-- o-^-rj! n rAg^A'A/^trs^-Z^-^-slon reptesentatlve Cohen ;ji—- that he end Chalt„„ Kelle, had eov"ed!“^°" «Ara*ncVs*/ '"’« "hrdshlp existed to warrant ^d wif J?*? Pte-exlstln, deck was „ . ^*t"a"Ah7 ‘''""^tonA"’o7 t^iA™the Council table this L«A a“'®‘ ^®r as opposed h asked who the builder was that that constructed the rVi:tl„'e'-®o', JA\Apll"nt "/ro^AAoAA'®'”* ‘>’® MINOTES OF ORONO COUNCIL MEETING OP FEBRUARY 12, 1990• :i:EYER«1467 CHARLES & ANN H(4125 OAK STREET AFTER-THE-FACT VARIANCESMr. and Mrs. Hommeyer were present for this matter.City Administrator Bernhardson provided the Council with a brief explanation of this application.Mr. David Morse, builder of the home adjacent to the Homroeyers, said that he had just sold the home he built. The new owner has indicated that he objects to the privacy fence being built. The fence would interfere with the lakeview sight lines of the residence. Mr. Morse said that the purpose of the average lakeshore setback, is to protect the views of the lake. Mr. Morse said that there is no hardship to warrant granting the variance for the fence. He said that the Hommeyers have stated that the fence is needed to reduce the noise from the tram on his property. Mr. Morse said that the noise generated from the tram would be less than that of an air conditioner compressor. Mr. Morse said, "In regard to the lower deck, if the Council approves a variance for that, they will be setting a precedent. They will encourage people to construct something that is not allowed and then come into the City to get a variance." Mr. Hommeyer explained that the retaining wall was built in 1981 because the bank was sliding into the lake. He said that he was unaware of the need for City approval to do that work. Construction of the deck and stairs began in 1983, prior to the issuance of a Certificate of Occupancy in 1985. Mr. Hommeyer said that the stairs are needed because of the steep slope. He said that the deck is an integral part of the overall structure and is tied into the retaining wall. Mr. Hommeyer said that the entire system has worked to stabilize the bank. Mr. Hommeyer asked that the Council consider allowing the deck to remain until such time that it needed to be repaired. Mr. Hommeyer showed the Council pictures of him holding a board above his head, standing on the neighboring deck. He said that the pictures are to show that a fence would not interefere with the sight lines of the neighbor. Mrs. Hommeyer said that there were a number of trees cut in error by Mr. Morse's tree cutters and that is another reason that they need the fence. She said that she has obtained the opinion of various landscapers in regard to what they could plant in that area. She said they were told that they would not be very successful in planting greenhouse kinds of trees in that area. Mr. Morse reiterated that there is no hardship to grant the variances being requested. CounciImember Goetten said that the stairs are needed, but she has a concern about the deck. She said that she would be inclined to have the deck removed from its pres *• location, and allow the Homroeyers to construct a deck closer to the house. Goetten understood that a portion of the deck could be removed