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~.. w. .,"""''''''.... ____ .--.........- ----- --'- . - I ... . . -. . ... -- ( In August of 1988, Mr. Kadric applied for and.received a shoreline pennit from the Roscville City Council to locate an addition between the house and the Û'ee standing garage. This did not bring the house "CJoser to the shoreline. In 1991, Mr. Kadrie applied for a building pennit for this addition to this home. Attached to this permit were plans that showed a proposed expansion of the kitchen area onto the exisrin g first floor deck with a ~ deck being extended beyond this addition. Based OD. permit valuation and past approvals, it is clear that the building permitwas intended for the family room addition betwcen the house and frce standing garage only. However, based on his belief that he could expand his home toward the lake. as long as he did not cross the vertical plain of the at grade deck closest tD the lakc, Mr. Kadric began construction of the kitchen addition. In July 1993, bui1ding :inspection staff noticed the construction and stopped it until the issue of valid building permits and shoreline setback_s could be resolved (building pennits are valid for one year). At their regñlãr meeting of August 23~ 1993. the City Council was asked for an interpretation of the Shoreline Management Ordinance regarding additions to uses in existence prior to the enaètment of the Shoreline Management Ordinance. Mr. Kadrie's view is that the limits of the lower at grade dcck. established that point beyond which substandard dimensions cannot be allowed. The Council interpreted the provisions of the ordinance to say that the existing structure and decks could remain but that any addition toward the lake would require the issuance of a variance prior to a building permit The City Council directed staff to place Mr. Kadrie's application for a variance on the Planning Commission's agenda. Statrs interpretation oftbe Shoreline Management Ordinance would provide the opponunity to consider a variance to extend Mr. Kadrie's kitchen on1y to the limits of the existing first floor deck. It is staffs feeling that extendit1g a new deck beyond this point would be interpreted as increasing a substandaTd dimension and therefore. is prohibited by ordinance. SU&ff ,f\1r:th.er interprets the code to limit further encroachment. on the lower lev~l b~CRld ~e existing structural.wall (the at grade deck is not considered to b~ ~ ~tegl!Ù structural elcm~t). . .. CONCLUSION AND RECOMMENDATION . . - - ...-: Based on his belief that he could expand his home toward the lakc, Mr.. Kadrie has begun consnucti.on of the kitchen addition. At this poin~ it is roughed ~ but construction 1185 been halted until the issue of shoreline setbacks and building .-