03-12-1990 Council Packet - Laserfiche WebLink

Home Browse Search

B2> ur URUfiO COUNCIL MEETING HELD OCTOBER 23, 1989S FILE #1441-COPLEY COBT!:t was moved by CounciImember Goetten, seconded by Llmember Peterson, to adopt Resolution #2717, approving the >ver variance and average lakeshore setback variance for Mr. jpley, 1185 Tonkawa Road. Motion, Ayes»5, Nays»0, Motion MZMDTBS OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989WALTER PEMBERTON IHADYWOOD ROAD CBr. Pemberton was present for this matter.ity Administrator Bernhardson explained this application to uncil and Mayor Grabek.ouncilmember Goetten said that she was surprised that • ver in the 75-250' zone was not addressed at the Planning Sion meeting. She said that 58% in that area is far too She^ said that she would like to see a decrease in ver in the 75-250' area if this application is proposed, sn said that she did not oppose the structure being ed, if something could be worked out with the staff tc existing hardcover. ayor Grabek expressed his concern with the conversion of structure. Mayor Grabek said that he could not see cship for placing the addition in the 0**75* setback zone* >uncilmember Goetten asked Mr. Pemberton if it would be e ro locate the addition elsewhere? luncilmember Callahan indicated that he agreed with the ng Commissioners that voted against approval of this tion. . Pemberton indicated that he did not understand how the hich is hardcover, would be allowed, but putting a roof le deck and closing it in without extending it further the lake is not allowable. He said that he did not ;and why he would be asked to remove hardcover from the e the house when he is not proposing to do anything to the c the house. yor Grabek said that the City is tryi. y to protect the ween O' and 75' of the lakeshore. Mayor Grabek said that f would set a precedent by allowing structures to be built area. Grabek said that each application is reviewed for lip that will warrant the approval of a variance. Pemberton reiterated his inability to understand how his 1 would have any more impact on the lake than what is ■y existing. He noted that the hardcover being removed in ^ the house is more than double than the area being (d into the addition on the back of the house. ZONING FILE #1452-PBMBERTOH CONTINUEDCounciImember Goetten tried to offer Mr. Pemberton a further explanation of the difference between deck and structure. She too informed Mr. Pemberton that she could see no hardship for the variance.Mr. Pemberton said that the only hardship he can offer is that he purchased the house with the assumption that there would be no difficulty in obtaining a variance to do this addition.City Administrator Bernhardson said that the City has no records pertaining to the existing deck being allowed.Councilmember Nettles questioned whether the City has any specific policies regarding covering over decks?Bernhardson replied that there is nothing directly dealing With that issue. He said that in the 0-75' zone the City prefers no encroachment at all. He said that there have previously been requests lor minor encroachment into that area and in cases where there is an existing deck, the City has requested that the deck be removed. Netvles said that he disagreed with the policy categorizing decks as hardcover since they are water permeable. He said that in regard to this application, the City has two goals. One is to reduce hardcover, which Mr. Pemberton's proposal would do, and the other is to prevent the conversion of decking into structure. He said that he could not see a hardship for the variance. Councilmember Goetten offered Mr. Pemberton an opportunity to propose another location for the addition. Mr. Pemberton said that there is no other location for the addition that would allow them to enlarge the dining room. Mayor Grabek said that he would not approve the application as presented. He objected to the excessive hardcover currently existing, the building of a structure on an existing deck that was not approved by the City and adding a deck beyond that structure further into the 0 —75' zone. Mayor Grabek advised Mr. Pemberton that he could request the tabling of this application to allow time to revise his proposal. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this application to allow any revision to the proposal that would not encroach into the 0-75'. Councilmember Goetten suggested the addition of language requiring severe reduction of the hardcover. Mayor Grabek incorporated Goetten's suggestion into his motion. Motion, Ayes*5, Nays*0, Motion passed. 8