05/18/1992 Planning Commission Minutes

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0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1737 - CONT. Mabusth explained the updated survey showing the existing improvements on the property. She compared the survey to the one done in 1974. The garage addition done in 1974 was in the 75' setback area and the open deck was considered a non - encroachment. Since that time, there was a permit issued in 1982 which allowed the deck to be enclosed and second story additions and additional decks. The additional decks were destroyed in the 1987 "super storm ". The applicant applied for storm damage repairs under the emergency ordinance. The decks were reconstructed. Sometime in 1990 -91, the Inspectors noted the gazebo and lakeside deck. Hollander noted that it was built in 1974 and is in need of some repair. Indritz noted that this is an after - the -fact request to maintain the gazebo and lakeside deck structure. He noted that it is Hollander's contention that these structures have been in existence prior to Orono's adoption of its current ordinances and therefore are grandfathered in. He reviewed photos of damage done to these structures in 1987. He stated they have witnesses that can testify to their knowledge of the construction of these improvements. He explained there was renovation done after the storm damage, but was merely reconstruction of a portion of the existing gazebo. The deck wasn't damaged severely and did not require much reconstruction. He explained that Mabusth has pointed out that the permit issued in 1974 for the addition of the garage, there was an ordinance that prevented the construction of principal residences within 75' of the lakeshore and that is what the variance was for. A portion of the addition was within that zone. Indritz assumed that because there wasn't an ordinance governing decks within that zone, the deck was not included on the site plan. Additional construction was done to the principal structure, all of which was done in conformity to the ordinances in effect at the time. There is no documentation on file to show when the gazebo and lakeside deck structure was constructed, but his client contends they were constructed in 1974. The permit issued in 1982 was to reconstruct the principal residence destroyed by fire and to enclose the deck area and add additional decking. Mabusth noted that the 1982 permit allowed the deck to be enclosed. She explained that currently residents are not allowed to increase the intensity of a non - conforming structure, but back in 1982 they were allowed to do so. Johnson asked what required a permit in 1974. 0 10