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NEW BUSINESS MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY , APRIL 19, 2004 6:00 o'clock p.m . 6. #04-2999 GEORGE AND MARILYN MILEUSNIC, 3243 CASCO CIRCLE, VARIAN CE, PUBLIC HEARING (9:20-9:25 p.m.) George and Marilyn Mileusnic, applicants , were present. Curtis introduced the application requesting a hardcover variance in order to rebuild the 483 s.f. deck which is rotted and to add a screened porch beneath the new deck. The property is located in the LR- 1 C, Single Family Lakeshore Residential district, ½ acre minimum. She stated the applicants are requesting a hardcover variance for the 75 '-250' setback zone, noting that the deck reconstruction and the addition of the proposed screen porch would not increase hardcover or structural coverage as it currently exists. Curtis explained that the cun-ent deck is located in the average lakeshore setback from the neighboring deck setbacks. With the proposal to screen in the area beneath the porch the average setback would be measured from the neighboring houses rather than the decks, causing the deck/porch to be slightly ahead of the average setback. However, due to the topography of the lots and setback from Lake Minnetonka, the deck affects no lake views . Curtis referred to photos 2 through 5 for illustrations of the neighboring lake views. Curtis recommended approval of the requested hardcover variance as the deck exists currently and the applicants are requesting to replace it in kind, there is a hardship to justify the variance. The variance is requested to maintain the square footage that currently exists and to be able to repair the rotted deck. Also, she noted the proposed deck would meet the average lakeshore setback. Curtis stated the request is for a hardcover variance of 31.05% where 25% is normally allowed and 31.05% currently exists . Further, neighboring lake views are not affected by the proposal, she recommended granting the average lakeshore setback to allow the screened porch to be built under the deck. Curtis also recommended a stipulation to remove all of the fabric and plastic liners in landscape beds that account for about 1 % of the hardcover. Ms . Mileusnic commented that the deck needs repairs as it is not up to Code and that both neighbors on either side are thrilled the deck is being repaired. Rahn observed this application is an example of the on-going discussion about decks as hardcover or not. He recommended this should be a matter for further discussion with the Planning Commissioners and staff to finally determine whether or how decks should be considered in the hardcover calculations . Kempf noted he viewed the property, realizing that crushed rock is going to be replaced with concrete for the deck. He concluded that the deck is hardcover when compared to greenspace that is visually more attractive. Chair Mabusth commented that one might argue that a properly spaced deck is even better; but that the City takes the position that a deck is 100% hardcover. Page 31 of 49