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Home My WebLink About1990-07-12 Memo, Variance ApplicationTos Proas Dates Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusthr Building & Zoning Administrator July 12, 1990 Subjects #1561 Christine Beck, 3820 Cherry Avenue - Variances - Public Hearing Soiling District - LR-IC Total Area = 30,540 s.f. or .7 acres Required ■> 21,780 s.f. Pertinent Ordinances - Section 10.22, Subdivision 1 - Lakeshore setback for proposed deck extension within 75* of the lakeshore protected area. Existing “ 27' (stairs leading from lakeshore deck approved variance 11172, 9/14/87) Existing = 37'4" (existing 5* overhang along lakeside of house) Existing Cantilevered Lakeside Addn * 39’8" Proposed Deck Extension = 37' (deck addn will extend 4" beyond 5' overhang) Setback Variance = 38' or 50.6% Existing Variance Approved for Deck/Stairs * 48' or 64% Section 10.22, Subdivision 2 - Lakeshore hardcover within 0- 75' . 0-75' Setback Area = 11,250 s.f. Original Hardcover Approved with Variance Application #1172 - 1,751.5 s.f. or 15.5% Adjusted Hardcover Level Based on Overhang Width at 5' Rather than 4' as Originally Measured ■ 1,774 s.f. or 15.7% (increase of 22.5 s.f.) Proposed Hardcover ■ 1,804.4 s.f. or 16% (includes deck area not included beneath existing 5' overhang - 23.5' of addn deck at 4” and 1' extension of deck as it extends to the edge of house increase in hardcover of 30.4 s.f.) Zoning File #1561 July 12, 1990 Page 2 of 3 List of Bxhlblts Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G E>Mbit H Exhibit I Exhibit J Exhibit K Application Property Owners List Plat Map Deck/Stait Pl^an Approve^' #1172 Planning Conmtission Minutes 8/17/87 Council Minutes 9/14/87 Site Plan Section/Existing/Cantilevered Lakeside Addition Plus Overhang Section/Proposed/Deck with Overhang Survey Staff Sketch Review of Application #1172 - Applicant received approval for a lakeside deck and stair structure within the 0-75' setback area resulting in a total reduction of 55.1 s.f, of hardcover. The majority of the deck was placed over existing hardcover improvements such as the foundations of a former attached structure and a patio area and the removal of a storage structure consisting of 242 s.f. of hardcover located within 15’ of the lakeshore. Staff can confirm that all necessary hardcover removals have been completed. Review of Current Application - As noted above, hardcover calculations within 0-75' setback area have been adjusted as it was determined that the total overhang along the lakeside of the house is at a 5' width rather than 4'. The applicant now proposes the removal of a 2'8"x22.5' cantilevered lakeside addition and the extension of the 5'4" deck along the complete lakeside of the house (5'4"x23'6"). Total increase of hardcover within the 0-75' setback area with the installation of the deck will be 30.4 s.f. as deck will extend 4" beyond existing 5' overhang and will extend 23*j' rather than the existing 22*j'. The setback of the deck will be now at 37' where the existing overhang was 37'4’*. The proposed deck extension will continue to have the 5' overhang (review Exhibit I). Options of ActiMi - Denial. If the application is to be denied, please refer to the necessary findings in the variance sections of the code? or Zoning File #1561 July 12, 1990 Page 3 of 3 Approval, Staff has noted the following findings fcr consideration in your recommendation: 1. The deck extension jlong the front of the house will provide less of a visual impact and will be less intense in structure than the existing structure. Expansion will result in minimal hardcover increases and encroachment into the lakeshore protected area. 2. The applicant's son has advised that the existing deck has served his elderly mother, but askes for the extension to provide a shaded deck area as existing deck remains in the sun throughout the majority of the day. Mr. Beck has also provided photographs of the portion of the structure under consideration for review t;y members at your meeting. Staff Would suggest the following conditions for consideration: 1. Removal itf 30.4 s.f. of existing hardcover to offset new ad^.tionai haroxover from proposed deck expansion. 2. Applicant is placed on notice that no further structural improvements to the structure located within the 75* setback area is allowed without Council approval. Additional Coaaients and Planning CoMtission Reo August 30, 1990 sndation - The application involves approval of a 4" extension into the lakeshore yard for an extension of the lakeside of the existing deck. The deck expansion will replace the cantilevered addition of the existing residence. This section will be removed and a new outer wall replaced and a deck extended along the front of the house. In consideration of the condition to remove the boat house of some 240 s.f. within her lakeshore yard with an earlier land use application in 1987, staff felt it appropriate to not require the removal of approximately 30 s.f. of existing hardcover to allow for the increase of hardcover within the 0- 75*. The applicant had suggested removal of an existing paved area, in light of the age of the applicant who uses this side walk, staff sti, gly recommended that no existing hardcover be removed and to approve the additional 30 s.f. of hardcover. The Planning Commission accepted the staff recommendation. The enclosed resolution has been drafted for Council's review and action.