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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> - - Monday, March 15, 2004 <br /> 6:00 o'clock p.m. <br /> NEW BUSINESS <br /> 4. #04-2982 CLARYCE AND LYLE JOHNSON, 1398 REST POINT ROAD, AFTER- <br /> THE-FACT VARIANCES (7:06-7:25 P.M.) <br /> Claryce B. and Lyle K. Johnson, the Applicants, were present. <br /> Curtis explained that Claryce and Lyle Johnson are the property owners at 1398 Rest Point Road. <br /> The current use of the property is for rental and in the summer of 2003 did some interior re- <br /> modeling and constructed the grade level deck at that time. <br /> As they did not require permits for the interior improvements, the applicants believed a permit <br /> was not required for the deck. Tonight they are requesting an after-the-fact hardcover variance <br /> for the 0'-75' in the 75' to 250' zone and an after-the-fact lake setback variance for the deck. <br /> The hardcover level in the 0'-75' zone is 1.14%; the 75'-250' zone with the deck is 43.2% <br /> hardcover. Without the deck, the 75'-250' zone was 41.3% and the 0'-75' was zero. <br /> The after-the-fact lakeside setback variance for the deck which is located 70' from the lake <br /> where 75' is required. <br /> Planning staff recommended denial of the after-the-fact variances as no hardship has been <br /> identified to allow this 60 square feet of hardcover within the 0'-75' zone and for the 114 square <br /> feet within the 75'-250` zone or the five foot encroachment to the lake setback. <br /> Chair Smith clarified that this request is to replace an existing deteriorating deck although no <br /> photos have been found to substantiate that there was a previous deck. <br /> Applicant stated that the original deck existed in the 1940's. In 1963 that deck was replaced and <br /> enlarged and the most recent deck would be the third replacement. <br /> Chair Smith stated that normally the commission is sympathetic to rotting decks but the <br /> commission needs something to indicate that it is a safe setting for the homeowner. The <br /> commission also needs substantiation that there was a deck previous and without it makes the <br /> decision to approve new construction a lot harder. <br /> Applicant had in her possession this evening a picture of the first deck built in the 1940's and <br /> offered it to Curtis. <br /> Chair Smith asked Curtis if the photo shown this evening made a difference in her <br /> recommendation <br /> Page 8 of 48 <br />