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Application Date: <br />60 Day Deadline: <br />6/20/01 <br />8/19/01 <br />TO: Chair Hawn and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Paul Weinberger, Zoning Administrator/Planner <br />DATE: June 28, 2001 <br />SUBJECT: #01-2690 John A. Eiden <br />330 Big Island <br />After the Fact Variances -Public Hearing <br />Zoning District: RS Seasonal Recreational District (Big Island) <br />List of Exhibits <br />A Application/Statement of Hardship <br />B Plat Map <br />C Survey <br />D Before Site Photos <br />E After Site Photos <br />F City Photo of New Deck <br />G Property Owners Notification List <br />Application Summary Applicant has requested after the fact variances to permit replacement <br />of a lakeside deck on Big Island. The deck constitutes hardcover and structure within 75' of the <br />lakeshore. The deck is of similar dimension as the deck that was removed. At least two of the <br />existing supports and footings were used for the replaced deck. <br />The deck is located approximately 32' from the lakeshore of Lake Minnetonka, the same setback as <br />the deck that was removed. <br />According to historic surveys and 1999 photos of the property the lakeside deck did exist and is <br />similar in size and dimension to the replacement deck. The deck is located above the hillside from <br />the lake and provides access to the lakeside entrance to the cabin. Mr. Eiden has stated the previous <br />deck had rotted to state of disrepair and was a safety hazard. The new deck was constructed above <br />the footing and posts that supported the original deck. <br />Pertinent Code Section <br />1. Section 10.56, Subdivision 16 (L) ( 1) -No hardcover or impervious surface shall be placed, <br />located or constructed within 75 feet of the Ordinary High Water Level of any lake or <br />tributary, except for stairways, lifts, landings, and lockboxes. <br />2. Section 10.55, Subdivision 8 -No hardcover or structures are permitted within 75' of the <br />lakes ho re. <br />#01-2690 John A. Eiden <br />330 Big Island <br />7/16/0 I <br />Page I of3 <br />I