10-24-1988 - Agenda Packet City Council - regular meeting

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' ;K To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Ga.ffron, Asst Planning & Zoning Administrator Date: October 20, 1988 Subject: 01323 Jon 11. Papas, 3369 Crystal Bay Road - After -the -Fact Variance Application - An after -the -fact variance request for 10'x20' deck on lake side of house. within 0-75' setback zone and encroaching past the average lakeshare setback line. Zoning District - "R-IC List of Exhibits Exhibit A - Planning Commission Action Notice of 10/20/88 Exhibit B - Memo & Exhibits of 10/10/88 Discussion - The applicant is proposing after -the -fact approval for construction of a deck in his front yard, requiring variances for hardcover, lake setback, and average Lakeshore setback. Applicant provided a certificate of survey as requested by the Planning Commission. Construction of the 10'x20' deck was initiated without a building permit and subsequently was stopped by the Building Inspector when it was discovered. Please review the memo and exhibits of October 10, 1988 and the various letters that have been submitted by the applicant explaining his position and reasons for constructing the deck. Planning Commission found no hardships to adequately justify granting after -the -fact variance approval. The initial Planning Commission motion at the October 17th meeting was to approve the variances for the deck as constructed. That motion failed on a vote of 2-5. The second motion was for denial, which passed on a vote of 5-2. t. xff Recommendation - Staff generally concurs with the Planning Commission recommendation for denial, noting that the only potential justification for a deck in this location is that a deck to the rear will have no lake views, and a deck to the side will overlook the neighbor's house and driveway. The Planning Commission briefly congiuered whether the deck would be less of a problem if rail4ngs were omittua, but ultimately voted for denial. Applicant may wish the Council to consider allowing retention of at least a portion of the deck to provide for a front door access. Staff will draft a resolution reflecting Council's action on this application for your next meeting.