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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 />47 <br /> <br />from Florence Ellenwood, 1251 Josephine Road, asking that the City <br />abide by its building rules and regulations. Further, a letter was received <br />from Maribelle Cushman, 1265 Josephine Road, asking if Mr. Kadrie's <br />deck was legal and within city code requirements. <br /> <br />Member Egli again asked if there were new hardships being presented, <br />i.e., what is different from the last time variance requested? Mr. Kadrie <br />discussed the history of the site and stated the hardship has changed in that <br />if there is a fire he has no ingress/egress without the deck. <br /> <br />Chair Klausing asked if there were any comments or questions from the <br />public; there were none, whereupon Chair Klausing closed the hearing. <br /> <br />Discussion: <br /> <br />Member Rhody indicated support for the request. <br /> <br />Motion: Member Rhody moved, seconded by Member Cunningham, to <br />recommend approval of Charles Kadrie's request for a variance from <br />Section 1016.22C of the city Code to reduce the deck setback from the <br />Lake Josephine lake shore to 23 feet, 6 inches from the original shoreline, <br />29 feet, 6 inches from the repaired shoreline, with a maximum 3 foot <br />maintenance deck attached to the north kitchen wall of the existing <br />structure for the property located at 1281 Lake Josephine Road, based on <br />the following findings: <br /> <br />1. Section 10 16.22C requires a minimum shoreland setback of 75 feet, <br />but allows for nonconforming structures if: the house was built prior to <br />March 27, 1974; no reasonable alternative deck location could be <br />found; and, the proposed deck extension would not exceed 15% of the <br />existing structure setback from the lake or be no closer than 30 feet, <br />whichever is the greater setback. <br /> <br />2) The closest a nonconforming deck structure can be extended to the <br />shoreline is 30 feet; in the Kadrie request the maintenance deck would <br />be within 23 '6"of the original shore and 29'6" from the repaired <br />shoreline. <br /> <br />3) The amended proposal is consistent with the purposes of the <br />shoreland code, which is to reduce structure development and <br />density adjacent to the shoreline, improve aesthetics, reduce runoff <br />and erosion, and retain water quality. By removing the original deck, <br />the Code requirements would be met and the maintenance walkway <br />would be 29 feet, six inches from the repaired shore. <br /> <br />4) By filling the shoreline, the applicant asserts that some additional <br />relief from setback requirements should be provided. Filling and <br />