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MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 8 <br />#886 RAGATZ (CONT) David Kirscht noted that the deck would not be a visual <br />intrusion from the neighboring properties or from the lake. <br />Kirscht noted that one of the neighboring decks extends <br />farther towards the lake than the one Ragatz is proposing. <br />Rovegno told the Planning Commission that even if they solved <br />the hardcover problem with a new innovative method, the C ity <br />would still have to deal with the deck as a structure <br />encroaching into the 0-75' lakeshore setback zone. Rovegno <br />noted that one could argue that there is a non -encroachment <br />if the hardcover is solved. <br />Councilmember Frahm stated that in prior applications, the <br />City never got past the hardcover prof lem to even address the <br />encroachment issue. Frahm stated that his main problems <br />with decking within the 0-75' setback zone was hardcover and <br />impeding the neighbors views. <br />Rovegno moved, Sime seconded, to approve the Ragatz variance <br />application based on the following findings: <br />1. Deck appears that it could be constructed without <br />creating any hardcover subject to the findings of <br />Council and staff on the Krutzig application. <br />2. Construction of the deck would not create pro: _::: - ..th <br />the view of the abutting property owners (staf 7 Zk <br />to see if railing will interfere). <br />3. Deck extends only as far towards the lake as the property <br />next door's house. <br />4. Mature box elder trees on the southern side of the <br />property makes the placement of the deck impossible <br />along the side of the property and also would be against <br />the neighbors wishes to have the deck placed on the <br />southern side. Neighbors to the southern side of the <br />property do notmeet the current setback standards. <br />5. Applicant has removed concrete (between 100-250 sf) <br />within 28' of the lakeshore. <br />Approval subject to the following conditions: <br />1. Application approved only if a positive finding is made <br />by the Council to consider decking as non -hardcover. <br />2. Deck may never be enclosed. <br />Motion, Ayes (3), Nays (0). <br />