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Zoning File #1483 January 12> 1990 Page 3 of 5 In staff's meeting with the Vogts, it was clear that they had no knowledge of the previous variance reviews that required the removal of the structure. The previous owner had never acknowledged to the Vogts that there was any question concerning the status of the subject structure. The structure is not used as £, guest house, contains no plumbing, no heating, is not insulated, and would not be fit for permanent habitation. The applicants claim that they use it as a 3-season porch and storage at the lower level. The applicants also note that when they purchased the property, there was nothing in the chain of title that would reflect any problems with the structure. Ther» is no doubt in staff's review of the files that it is the lake ore structure that was to be removed and that somewhere between ..he zoning and building staff, there was a lack of communication in advising the field inspector of the need for the removal of the structure prior to the issuance of the Certificate of Occupancy for the new residence in 1975. The applicants claim that they should not be penalized for the negligence on the part of the Orono zoning and inspection staff. It is also interesting to note that neither the staff in their memos in 1976, nor both staff and Planning Commission members obviously visited the site to see if the accessory structure had been removed in the 1976 review as there was no mention in the records. After public notices were sent to the adjacent neighbors of the public hearing, staff received visits and calls from the adjacent neighbors. Many of the neighbors had lived there prior to and during Mr. Larson's residency. The neighbors confirm that the boat house/storage structure had existed on the property prior to the construction of the new residence. Mr. Larson never improved the lakeshore structure, and the structure remained in an unmaintained deteriorating state until the purchase of the property in June of 1989 by the Vogts. Neighbors advised that at the time the Vogts did certain improvements to the existing residence structure, that they also made certain repairs to the boat house structure. The City has no record of a building permit being issued for either the repair of the principal nor of the accessory boat house structure. If the required building permit had been obtained, the City staff would have been able to review the file to determine the status of the structure within the 75' setback area. Any repair to a structure within the 75' setback area would have required approval by the City. Staff would appreciate Planning Commission members contacting staff prior to our meeting if additional information is required for your review and determinations. t 0