10-13-1986 Council Packet - Laserfiche WebLink

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C) The applicant's contractor removed a 72 s.f. concrete patio in the 0-75' setback zone and replaced it in the same general location with a 144 s.f. wooden deck in Spring 1986, without obtaining the necessary approvals or permits. The deck is located 25' from the lakeshore. The deck construction results in a net increase of 72 s.f. of 0-75' hardcover, or an increase to 11.50%. D) The applicant is requesting approval for a balcony extension on the second floor between existing balconies serving the master bedroom and screen porch, all within the 0-75' setback zones. The entire proposed balcony extention is above existing hardcover consisting of rock beds underlain by plastic, hence no increase from pre-existing hardcover will result from the proposed balcony. The balcony extention will provide a secondary fire exit from the master bedroom. E) The property contains a large square footage of rock beds underl,-�in by plastic in the 0-75' zone, from which the plastic can be removed to compensate for the increased deck hardcover. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal zoning Code Section 10.22, Subdivision 1 & 2 and Section 10.55, Subdivision 8 to permit the after -the -fact construction of a deck constituting an increase of 72 s.f. of structural hardcover- in the 0-75' lakeshore setback zone, and to permit the construction of a balcony extention which constitutes additional structure over existing hardcover in the 0-75' lakeshore setback zone, subject to the following conditions: Page 2 of 4