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<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br /> <br />Excerpt of Minutes from Planning Commission Minutes of October 13,1999: <br /> <br />6a. Planning File 3140: Charles Kadrie, 1281 Josephine Road, is <br />requesting a variance to reduce the deck setback from the Lake <br />Josephine lakeshore with a maximum allowable three (3) foot <br />maintenance deck attached to the north wall. <br /> <br />Chair Klausing opened the public hearing for the request and asked <br />Thomas Paschke to provide a verbal summary of the project report dated <br />October 13, 1999. <br />Thomas Paschke defined the request for a variance from Section 1016.22C <br />to reduce the required 75-foot shoreland setback to allow construction of a <br />three foot wide maintenance deck across the front face of the home at <br />1281 Josephine Road. He discussed the background and history of this <br />site, including the 1993 and 1996 court actions relative to the existing <br />deck. <br /> <br />After review of the staff comments and findings, he advised staff <br />recommended approval based on the findings as outlined in the report <br />dated October 13, 1999. <br /> <br />Planning Commission Comments: <br /> <br />Chair Klausing requested clarification of which test to apply in <br />consideration of this variance request; Thomas Paschke advised the <br />request did not meet many of the conditions required in Section 1016.22C. <br /> <br />Member Olson asked how city could insure the existing deck would be <br />removed; Thomas Paschke advised this could be a condition of approval <br />and further that the Courts had directed Mr. Kadrie to remove the existing <br />deck. <br /> <br />Member Wilke questioned the depth of the deck. <br /> <br />Member Egli asked if hardship factor had changed since the initial <br />request; Thomas Paschke indicated this was up to the applicant to prove. <br /> <br />Charles Kadrie, applicant, discussed his application and advised the <br />Commission that he considered the hardship defined by the need to <br />maintain the kitchen windows; ease of escape from the bedroom if there is <br />a fire; aesthetically more pleasing as a transition area from the lake. He <br />indicated that properties at 1199 and 1225 Josephine Road had variances <br />greater than his with significantly greater encroachments. <br /> <br />Chair Klausing read an email note from Gordon and Jackie Knott, 1275 <br />Josephine Road, supporting the Kadrie request. He also noted a letter <br />