06-27-1988 - Agenda Packet City Council - regular meeting

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Zoning File 11284 Page 2 residence at 1520 Bohns Point Road. In that letter, staff advised of the need for a survey to complete the review/application process. Staff was not aware that a hardcover excess existed within the 75-250' setback area until receipt of the survey confirming the hardcover facts for the property. In May of this year, the inspector discovered the deck noting that a building permit had not been issued and upon review of the file found that applicants had been advised of a need for a variance the previous summer. The inspector issued citations because construction was '.t completed without the required zoning approval and building permit (Exhibits F i G). On May 10, 1988 Mr. Kirchner filed an After the Fact variance application to maintain the existing deck. The Planning Commission should ask the applicant why he didn't file the required variance application last summer? what happened? Each of the effected property owners have submitted letters confirming no problem with the existing deck. The property owner to the north, the Lees at 1500 Bohns Point Road advised that the grade level deck on the Kirscher property created no visual impact for their property because of the higher elevation of their property. The existing vegetation along the shared lot line also tends to screen the deck from the adjacent property. The neighbor to the south, the Kalweits at 1540 Bohns Point Road also claim no view impact by the presence of the structure. In reviewing the Certificate of Survey, note the viewing windows tend to face away from the Kirchner property. The writer of this memo has never met Mr. Kirchner, but did indeed meet with Mrs. Kirchner last summer after the letter of 6/4/87 was sent to the applicants. At that point it was staffs understanding that the Kirchners did indeed plan to proceed with the variance alp 1 ication. In fact, the date of the survey would tend to suggest that they had planned to file the application. Staff has no knowledge as to why applicants did not proceed last year with the necessary variance review. A11 three homes are setback ,approximately 150' from the shoreline with long grassed yards. Review rxhibit K, the drainage break falls at the mid po.nt of the existing house, the majority of tha hardcover is located to the west half with drainage running towards Bohns Point Road. ations of Action Available to the Planning Commission T � Deny the After e Fact variance application for Douglas Kirchner, finding no valid hardships or findings that would persuade this commission to approve the After the Fact application and to require the immediate removal of the illegal structure. 2. To apt rove the After the Fac' variance application for Douglas Kirchner, Lased on the following findings: a. The higher elevations of the property on the north side tend to lessen the impact of the grade level deck on the subject property. b. The l:lantings along the shared lot line on the north side tend to lessen the impact of the structure by providing natural screening. r. The viewing windows for the residents to the south of the subject property are angled away from the structure faciry to the