09-14-1992 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ( #6) #1757 ALBERT D. HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION #3175 Albert Hanser and Jack Taylor were present. Mabusth explained this is a request for a conditional use permit for a guest house use. She noted the applicant has followed the directives of the preliminary subdivision approval and have filed the application. The structure is non - conforming because of its substandard setback from a recreational development lake. The Issue for this review is the requirement of the septic code to replace the system if it is deemed non - conforming. She stated it has been found non - conforming the based on septic test information received for the rest 'of the property, mound systems would have to, be installed on the property due to the high water table. The age of the system suggests the required 3' separation could not be met. The guest house currently has a standard trench system. Based on code requirements, the system would have to be replaced within 12 months. Hanser stated he has lived in Orono for 20+ years and his property is 35+ acres. He referred to a letter from Suilivans which attests to the functionality of the septic system and .how it has been maintained In the past. He said It would cost as much money to prove the system meets the code as would a new system. He noted they do not rent the guest house and their daughter lives there now. He said he would be willing to make a written commitment that they will continue to maintain the system as has been done in the past. 'Hanser indicated the rules have changed dramatically since they started the subdivision process and they have been caught In the middle. Taylor stated the Council should consider the rule, if it isn't broken, don't fix it. He stated the septic system was installed per the code effective at the time, which the current ordinance requires. He noted Weckman indicated the system may be dumping pollutants into the water, and Taylor asked whose responsibility it was to prove. Goetten said she asked the same question. She stated she was told an on -site evaluator could clarify that issue for a couple hundred dollars. She felt that would not be too much to ask. Jabbour stated this is a policy question on non - conforming system. He felt the applicant has presented a very good subdivision and expressed a desire to work with him to resolve the issues. Y