09-11-1989 - Agenda Packet City Council - regular meeting

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A) The Planning Commission recommended denial of the after -the -fact variance for the deck construction finding that such a structure would not likely be approved even if requested before -the -fact. The previously existing boat house structure does not justify construction of a deck to replace it, where neither structure would normally be allowed under current codes. No hardship was demonstrated that Justifies granting of the necessary hardcover and set- back variances to allow the deck to remain in place. B) The Planning Commission recommended approval of the existing and proposed retaining wall construction, finding that the proposed walls are necessary for protection of the stability of the lakeshore bank while being minor in scope so as to have an insignificant impact as viewed from the lake. In conjunction with the retaining walls, Planning Commission recommends approval of leaving the pre-existing concrete foundation walls in place but that the wall be capped with a fence or suitable safety barrier. C) The City Council finds that after -the -fact approval of the proposed deck would be inconsistent with the policies stated in the City of Orono Comprehensive Management Plan and would be inconsistent with past City actions in similar situations. D) The Council finds that granting of the after -the - fact variance to allow the deck to remain would result in the following violations of Section 10.08, Subdivision 3 (A) of the zoning code with which the applicant must first comply before the requested variances can be granted: a) The property in question can be put ( a reasonable use if used under conditions allowed by the official controls. The applicant does have access to his lakeshore and has suitable area outside the 75' protected setback zone in which a grade -level deck could be constructed. b) The plight of the land owner is due to circumstances created by the land owner and not unique to the property. Page 2 of 6