02-11-1985 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 3 City Attorney Radio stated that the City's test for variances has to meet several tests. Radio stated that the question of whether the property can be put to a reasonable use without the approval of the variance works against the applicant in this case, in that the property can be used without the deck. Radio noted that the question of the plight of the land owner due to circumstances unique to his property not created by land owner works in favor of the applicant because of the position of the house and the year the home was built. Radio explained that the question whether approval of this variance would alter the neighborhood works in favor of the applicant in that it will not block any neighbors view of the lakeshore. Radio noted that economic considerations do not constitute approval of the variance alone. Mayor Butler moved, Councilmember L. Adams seconded, to approve the variance requ-st of Richard Ragatz and directP- staff to draft a resolution of approval noting the follcwir findings: 1. No view problem would be encountered. 2. The proposed deck only extends lakeward as far as the extension of the west line of the house to the south. 3. The location of an existing Box Elder tree and the house to the south are factors which limit the acceptable locations for the proposed deck. 4. The location of applicants existing house poses a problem in locating a suitable deck. 5. Applicant has stated that he has removed 150-200 sf of existing hardcover walkways i the 0-75' setback zone. 6. The front line of the deck does not and may not extend beyond the front line of the home to the south. 7. Sand is to be placed under the surface of the deck as was done in the Krutzig application to prevent encroachment of hardcover into the 0-75' setback zone. 8. The deck is low to the ground and will not he not iceable from the lake. 9. A deck on either side of the house does not appear to be practical because of limited space. 10. The steep grade of lake startirg at about a 30' setback and the average setback of the houses in the area which appears to be 50-60' rather than the required 75' suggests that the natural non -encroachment area is less than 75'.