04-28-2003 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 • 7:00 o'clock p.m. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued showing the building plans and all proposed hardcover be submitted. However, the building plans submitted showed a different ground level deck, a screen porch, and a second level deck. The building official made notations on the plans regarding the decks. Bottenberg pointed out that the ground level deck was permitted but not the screen porch, not the second story deck, nor the extra portion of ground level deck. The building inspector at the time, Marc Davis, never noted that the decks which were constructed and the decks on the approved plans were not the same, therefore a certificate of occupancy was issued on March 8, 2002. Shortly after the certificate of occupancy was issued, Lyle Oman, the Building Official, noticed the decks. Bottenberg reported that Oman reviewed the plans and contacted the builder, Fred Johnson, by phone and by letter in February and March 2003. On March 17, 2003, the applicant made application for after- the -fact variances for the decks. Bottenberg stated that the Planning Commission reviewed the requested variances and site issues at a public hearing held on Monday, April 21, 2003, during which they recommended by a 7 to 0 vote to: Approve the 36 s.f of additional hardcover in the 0 -75' setback zone for the lower deck. • Deny the additional structure in the 0 -75' setback zone for the second story deck. Deny the encroachment into the average lakeshore setback for the second story deck. Deny the additional lot coverage by structures increasing to 1,650 s.f. for the second story deck. Based on this recommendation, staff recommends removal of the second story deck and requiring the applicant to take steps to make the upper level door safe by adding a railing or permanently blocking it. Because there are two lower level doors exiting the house, staff further recommends retaining the lower level deck with railings as -is, and grant a variance for the additional 36 s.f. hardcover in the 0 -75' setback zone. Sansevere voiced his frustration with the builder for disregarding what the City had told him he could do and building what he wanted anyway. He was disgusted that the applicant had not shown up to any of the scheduled meetings with the City to resolve these issues and left the new owner to take all the heat. While he was not privy to the intimate details of the application, Mr. McBride indicated that his client, Mr. Johnson, felt that the ball was dropped by both sides. Sansevere questioned how the applicant could defend the fact that he built what he wanted and got away with it, and because the City didn't catch him, this justified his actions. Nygard asked why Mr. McBride was present as a representative for the applicant, if he was not familiar with the intimate details of the application and could not comment or provide the • answers that the City was looking for. PAGE 5 of 14