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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 28 (10. #11-3521 TAMI HELMER, 3131 CASCO CIRCLE, Continued) Charlie Jones, 3129 Casco Circle, stated this property has been in his family for 54 years now. It was originally purchased in 1957. In 1977, the lot became part of the adjacent lot on the other side and was subsequently sold off. A variance was granted at that time for the hardcover and for the average setback line. Jones pointed out the view of the property from his house on the overhead. The hardcover issue relates to replacement of deck hardcover. The original as-built survey indicates that the deck was 8' x 32' and there is no evidence that it was ever approved to be 12' x 32'. Jones pointed out the hardcover the applicant is proposing to place over existing blacktop. Jones stated the portion that is being removed does not cover the 14-foot addition to the garage or the other area. A portion of the proposed deck juts out further to the lake and also impacts his sightline. According to the building code, it says that it is unlawful to convert, enlarge or alter any structure or use any structure in a manner that violates the hardcover limitations. Jones indicated he has documents that indicate this property is at 42.9 percent hardcover. He was made aware by Staff that Melanie Curtis is not a surveyor, but somehow new hardcover calculations have come out showing there is 30 percent hardcover. Some of that decrease is from removal of four inch crushed limestone to mitigate a drainage problem that still exists. City Building Code states that nonconforming hardcover may not be located or expanded in any way unless the property is brought into conformance except a roofline may be changed, an additional story may be added over the roofed portions of a structure, or an open or screen porch may be converted into a two or three-season porch. Jones pointed out that this property does not meet any of those exceptions. Jones noted the deck hardcover is being moved over existing hardcover but it is becoming structural coverage and would be totally impervious hardcover consisting of concrete and footings The setback line was established prior to the house being constructed, which was by agreement between the City of Orono, his grandfather, and the adjoining neighbor. The property is currently nonconforming in three ways. The width of the lot is only 95 feet and it is over on total hardcover. The property is allowed 25 percent but they are at 30 or 31 percent with the present proposal. The proposed screen porch is also located in front of the average setback line. The deck is four feet wider than was originally approved. Four feet of that 32 x 12 foot section that is being used to trade hardcover actually was never approved. As of 1995, the existing calculations on that hardcover were 42.9 percent. Jones displayed a picture of the current deck and the area of the proposed screen porch. Jones stated the house is 31 feet from the edge of his house, and that according to City Code, this project is not allowed and that he does not see how the Council can go against the rules that they have set up. Jones illustrated the average lakeshore setback line. Curtis indicated that is not the correct setback line. Rahn noted the average setback line is depicted in their packet. Jones stated the proposed screen porch is unacceptable. The applicant purchased the property last August but there is no hardship since she could have purchased another property that would have met her needs better. Jones requested the Council follow the rules that are currently in place which states that Item #03 - CC Agenda - 09/26/2011 Approval of Council Minutes 09/12/2011 [Page 15 of 28]