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FINDINGS <br />1. The property is located in the LR-IB Single Family <br />Lakeshore Zoning District, and consists of 20,344 s.f. or <br />0.47 acres. The Zoning District requires 43,560 s.f. or 1.0 <br />acres in area. <br />2. In 1988 the applicants determined that the existing deck <br />t the southwest corner of their residence was in poor <br />v^ondition and they commenced to replace that deck. The <br />original deck of approximately 13' x 18' ( 234 s.f.) was not <br />only replaced, but was expanded to a deck area of 502 s.f. <br />Construction or reconstruction of decks requires a building <br />permit. The property owners did not apply for nor obtain a <br />building permit prior to deck construction. <br />3. Subsequent inspection of the property by the building <br />inspector verified in October 1988 that the deck was <br />entirely new construction and not only required a building <br />permit but appeared to be in violation of the hardcover, <br />setback, and average setback ordinances of the City. <br />4. The property owners were advised of the building permit <br />and zoning code requirements, and after an extended period <br />of time provided sufficient survey and hardcover calculation <br />data confirming that violations of the hardcover, average <br />setback, and side yard setback ordinances had occurred. <br />Rather than removing the offending structures, the <br />applicants applied for variances after-the-fact to allow the <br />new deck to remain as constructed. <br />5. The new deck encroaches 10* past the average lakeshore <br />setback line where no encroachment is normally allowed per <br />Zoning Code Section 10.22, Subdivision 1 (B). The original <br />deck had been apparently constructed prior to adoption of <br />the average setback ordinance, and had encroached 4* past <br />the average lakeshore setback line. <br />6. Orono Municipal Zoning Code Section 10.22, Subdivision <br />2 limits the percentages of hard surface allowed in various <br />zones along the lakeshore. In the 75-250' lakeshore setback <br />zone, hardcover is limited to 25% of that zone for <br />residential properties in lakeshore zoning districts. <br />Page 2 of 7