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Kelly for after-the-fact variances requiring an average lakeshore <br />setback variance and hardcover variance within the 75-250' <br />setback area required by the construction of a deck at the <br />lakeside of the existing residence, based upon one or more of the <br />following findings of fact concerning this property: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1473. <br />2. The property is located in the LR-IC Single Family <br />Lakeshore Zoning District requiring 21,780 s.f. or 1/2 acre <br />in area for each residential unit. The property consists of <br />approximately 20,665 s.f. of area. <br />3. On October 25, 1989, Jacquelynn M. Kelly fi^ed an after- <br />the-fact variance for the lakeshore deck constructed some <br />time in August/September 1989 without a building permit and <br />the benefit of the building permit review. <br />4. The deck as constructed required the following <br />variances: <br />a) right side yard setback variance? <br />b) encroachment of required feet lakeshore setback; <br />c) encroachment of average lakeshore setback line by <br />approximately 19' to 20'; <br />d) <br />e) <br />hardcover variance within 0-75' setback area; <br />hardcover variance within 75-250' setback area. <br />5.3. On January 16, 1990, the Orono Planning Commission <br />denied the after-the-fact variances sought by applicant and <br />provided the following directives to applicant prior to <br />presenting an amended plan before the Council: <br />a) deck must be realigned so that it does not encroach <br />any further into the average lakeshore setback area <br />than the former deck at approximately 4*; <br />b) no other setback variances would be approved for <br />the deck structure? <br />c) no additional hardcover would be approved as ® <br />result of the deck construction either within the 0-75 <br />or 75-250' setback area. <br />Page 2 of 6