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#LA20-000005, Gordon James Construction o/b/o David & Lynn Gutermuth 2665 Casco Point Road, After -the -Fact Variances A variance for a new home (File #17-3965) was granted in 2017, and a building permit consistent with the approvals was issued in January 2018. In October 2019, the builder submitted an as -built survey. Upon inspection staff noted that unpermitted changes were made to the existing boathouse and a new deck had been installed replacing a deck shown as to be removed to offset hardcover. The deck was not shown on the submitted as -built survey. The boathouse is situated 16.5 feet from the ordinary high water level and is entirely within the average lakeshore setback. It is considered to be a legal non -conforming building. It can be rebuilt in -kind, but expansions to the footprint and/or volume of the building are not permitted without variance(s). Additionally, the new approximately 240 square foot lakeside deck was not rebuilt in -kind and was not accounted for in the hardcover calculations; the hardcover currently exceeds the approved level. At the February meeting, the Planning Commission held a public hearing. Following the public hearing and discussion the Planning Commission voted 5 to 1 on a motion to recommend denial of the after -the -fact variances. There appeared to be support for the cosmetic changes which do not result in expansions to the height, footprint, or lakeward extent of the non -conforming boathouse. There also appeared to be support of allowing a minimal landing or walkway from the boathouse door to connect to the dock. Based on the Planning Commission and staff feedback, the applicant has provided a revised plan with a modified deck area. This plan reflects a reduction in hardcover from the original after -the -fact variance request, but results in a 32 square foot increase above the approved variance level. Staff recommends denial of the variances as amended. Staff does not find that the practical difficulty arguments have been satisfied regarding the aesthetic changes to the accessory building. Further, the applicant made hardcover decisions at the time of building permit to conform to the hardcover limits imposed by the variance. Staff cannot support a variance to exceed those limits, especially after the fact. Council should make a determination regarding the new encroachments and hardcover resulting in after -the -fact lake setback, average lakeshore setback, and 75-foot hardcover variances. Council should direct staff to draft a resolution reflecting your decision. oyl �r V