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6 <br />To: Mayor Grabek & Orono Council Members <br />City Administrator Bernhardson <br />Fro*: Michael P. Gaffron, Asst Planning & Zoning Administrator <br />Date: January 17, 1989 <br />Subject: #1353 John & Nancy Fiebelkorn, 3730 Shadywood Road - <br />After-the-Fact Variance <br />Application - Request for after-the-fact variances to construct swimming <br />pool and associated patio in 0-75* lakeshore setback zone. <br />Zoning District - LR-IB, single family, 1-acre, sewered <br />List of Exhibits <br />Exhibit A - Letter From Applicants Dated 1/3/89 <br />Exhibit B - Planning Commission Minutes of 11/21/88 <br />Exhibit C - Notice of Planning Commission Action 11/23/88 <br />Exhibit D - Memo & Exhibits of 11/14/88 <br />Discussion - <br />Please review the memo and exhibits of November 14, 1988. <br />Briefly, the property owners are requesting after-the-fact variances <br />for a swimming pool that was constructed in the 0-75* lakeshore zone <br />without permits. They are proposing to construct specific run-off control <br />facilities to mitigate the effects of the additional run-off created. <br />The Planning Commission at their meeting of November 21, <br />recommended denial of the application on a vote of 6-0, finding no hardship <br />nor any reasonable justification for granting of the requested variances <br />after-the-fact. Planning Commission discussion indicated that they re it <br />there was no way to mitigate the effects of the proposed structure or <br />hardcover based on location and based on the precedent that approval would <br />set. <br />Staff Reconmendation - <br />Staff concurs with the Planning Commission recommendation, noting that <br />approval of these after-the-fact variances to hardcover, setback, and <br />average setback would not only be precedent setting, but would jeopardize <br />the integrity of Orono*s lakeshore policies, philosophies and ordinances. <br />Staff will draft a resolution for Council’s next meeting, based on <br />Council's action on January 23rd.