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6. Three years later, plaintiff applied for a building permit to begin construction of this family room addition which was granted by the City. Plaintiff's plans which accompanied the building permit application also showed a kitchen room addition where the above-grade deck existed and the building of a new above- grade deck closer to the lake from the planned kitchen addition. However, no application for a building permit was ever made for such planned additions. 7. In July 1993 plaintiff commenced construction of not only the family room addition for which he had permit approval, but also of the kitchen addition and deck that appeared on his plans. Construction was stopped after the building inspector became aware of the kitchen addition and deck until setback issues were resolved. 8. Plaintiff applied for a variance to enable him to complete the kitchen addition and above-grade deck. The matter was heard by the city council, who followed staff planning reports and granted plaintiff's variance for the kitchen addition but denied the variance for the surrounding deck which would have extended to within 17 feet of the shoreline. 9.. Plaintiff failed to remove his deck and was charged with criminal misdemeanor violations of Section 18.100 (2) (c) and Section 18.250. 10. The district court, the Honorable Joanne Smith, deter- mined that the city had not proven beyond a reasonable doubt the defendant's violation of the above ordinances and entered findings of not guilty. 3 . - .,- -....-.........-.....