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MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 <br />ZONING FILE #1386-OTTEN CONTINUED <br />Ayes»4, Nays-C, Motion passed. <br />#1387 MARGARET ROSSING <br />130 CYGNET PLACE <br />VARIANCE <br />RESOLUTION #2614 <br />Mrs. Rossing was present for this matter. <br />City Administrator Bernhardson briefly explained the history <br />of this application. Application #1387 was for an after-the-fact <br />rear setback variance for a deck. Staff had estimated that the <br />pre-existing deck had been 14* from the rear lot line. However a <br />building permit was never issued for that deck. The Planning <br />Commission had recommended that Mrs. Rossing remove the portion <br />of the existing deck that encroached beyond 14* into the rear <br />setback. <br />Mrs. Rossing expressed her belief that the old deck was <br />built at the same time as the house. <br />CounciImember Goetten said that she had visited Mrs. <br />Rossing's property and that she could not foresee anybody <br />building close to Mrs. Rossing's lot line. She disagreed with <br />asking Mrs. Rossing to cut off 2*8** from her deck, especially <br />since this was not lakeshore property. <br />Planning Commission Representative Brown indicated that the <br />Planning Commission did not want the new deck extending beyond <br />the old deck. He said that they understood the location of the <br />pre-existing deck to more of a definite figure, not an <br />estimation. <br />CounciImember Callahan reminded the Council that the reason <br />the City was unaware of the location of t n» pre-existing deck was <br />because the applicant cid not apply for a building permit. <br />Callahan mentioned th fact that Mrs. Rossing was not being <br />fined, in the form of ?. ouble fee, for building with no permit. <br />In his opinion, it was bad policy to double fee contractors, but <br />not residents when they are found to be working with no permit. <br />CounciImember Goetten concurred. City Administrator Bernhardson <br />stated that it was the policy of a previous Council not to <br />double fee residents. Bernhardson suggested that the policy <br />could be revised to include residents and if the City wished to <br />waive the double fee, it could do so. <br />It was moved by CounciImember Goetten, seconded by Mayor <br />Grabek, to adopt Resolution #2614, approving the raar setback <br />variance for the construction of a deck. Motion, Ayes=4, Nays=0, <br />Motion passed.