11-13-1990 Council Packet - Laserfiche WebLink

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a) The property in question can be put to a reasonable use under conditions allowed by the Zoning Code. b) The plight of the landowner is due to circumstances created by the landowner, i.e. if the property owner had applied for a permit prior to the reconstruction and expansion of the deck, he would have been advised of the side setback requirements and would have likely avoided the need for a side setback variance. However, replacement of the existing deck in kind would have required a hardcover and average setback variance regardless. c) The special conditions of the Zoning Code applying to the deck structure and to this property in general are not peculiar to this property but apply to all residential lakeshore properties within the City. d) The granting of the application for the expansion of the deck is not necessary for the preservation and enjoymer><- of a substantial property right of the applic .s. Expansion of the deck areas across the proper ^ line with a further encroachment into the average lakeshore setback and increased hardcover from the pre-existing situation, place this application in a different light than would merp teplacement in kind of a pre-existing deck. e) Granting of variances for the deck expansion will serve merely as a convenience to the applicant and are not necessary to alleviate a demonstrable hardship or difficulty. FURTHERMORE BE IT RESOLVED that the City Council of Orono hereby grants after-the-fact variances for hardcover and average lakeshore setback to allow the reconstruction in kind of the pre-existing 13' x 18' deck plus a maximum 4' wide stairway to grade, subject to the following conditions; 1. Applicants shalx pay the City an after-the-fact investigation fee in the aa. A' of $17 5.00 as provided in City Council Resolution #1306. Page 4 of 7