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TO: Planning Commission Chariman Kelley <br />Orono Planning Commission Members <br />City Administrator Bernhardson <br />FROM: Michael P. Gaffron, Asst Planning 6 Zoning Administrator <br />DATE: November 12, 1987 <br />SUBJECT: #1228 Walter R. Wittmer, 1420 Baldur Park Road <br />Variance - Puhlic Hearing <br />Zoning District - LR-IC 1/2 Acre Sewere-1 <br />Application - Request for side setback variance and average <br />Lakeshore setback variance to construct a second story addition <br />in a side yard and slightly within the 75 foot lakeshore setback <br />zone. <br />List of Exhibits <br />Exhibit A - Application <br />Exhibit D - Plat Map <br />Exhibit C - Property Owners List <br />Exhibit D - Survey <br />Exhibit E - Survey with Staff Notations Regarding <br />Existing Structure and Hardcover <br />Exhibit F - Various Documents from Previous Approvals <br />and Denials <br />Exhihit - Hardcover Calculations <br />PERTINENT !ACTS <br />1. Deck constructed in violation of 1978 variance approval. <br />Variance application #368 approved on May 11, 1978 by the Council <br />was a variance to encroach the 75 foot lakeshore by a small <br />corner of an enclosed porch. Applicant was allowed to rebuild or <br />replace that porch and extend it flush with the east and west <br />sides of the house. The proposed deck running the width of the <br />houso ,and approximately 8 feet in depth towards the lake was not <br />approved, and applicant was to merely replace the existing <br />approximately 6 foot x 7 foot steps on the lakeshore side of the <br />house. Site inspection on November 12, 1987 reveals that the <br />deck exis•-c now just as it was proposed originally by the <br />applicant, in what appears to he a clear and blatant violation of <br />conditions of that original 1978 approval based on information in <br />the City's files. The edge of the house is approximately 75 feet <br />from the lake, the edge of the deck is approximately 66 feet fro. <br />the lakeshore. <br />2. The current request is to enclose the second level deck area <br />that was created when the screen porch was rebuilt. This second <br />story deck area as it exists has "wing walls" extending along <br />both sides for privacy, and these "wing walls" serve to block any <br />vi­ws the neighbors might have of this second story deck area, as <br />if :here were already structure enclosed and in place. <br />3. The current proposal does not have an effect of increasing <br />hardcover on the property. Existing hardcover on the property in <br />