09-14-1992 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1992 ZONING FILE #1757 - CONT. Gaffron reviewed why the new shoreland regulations have 'more restrictive standards than previous codes. He explained that for about 15 years there has been a standard for ail new systems that If there is mottling present, which is an indicator in the soil that there is a seasonal perched water table, a 3' separation above the mottling is required. The DNR and the PCA mandated that any existing system that does not meet that separation is considered anon- conforming system, and in shoreland areas, the DNR has said those systems must be made conforming. Gaffron explained that staff does not have all the facts regarding the septic system for the guest house, and absent testing in the immediate area of the system, staff has had to look at testing done on the remainder of the property which indicates mound systems would be required. He said the logical thing to do would be to hire a site eva I uator to do so i l borings at the site of the existing drainfield to determine its relationship to the mottling elevation. Hanser stated the rules keep changing and felt the City should not continue to hold up the subdivision process because of this issue. He said he would be happy to hire an evaluator. Jabbour asked if the system is now considered illegal non- conforming. Gaffron stated by definition, the system is non - conforming and cannot stay that way based on the new shoreland requirements. Taylor indicated the definition of a conforming system is one built to codes not withstanding its location. Barrett opined that if the City decides to change its rules, they must add an obligation to provide for non - conforming structures, and if that is not provided for, it might be considered a taking of property. However, the regulatory values Imposed by the DNR, PCA and the City with respect to shoreland property, may involve a pubii*c interest which is high enough to allow the City to regulate even non - conforming uses and require them to be upgraded. Jabbour asked if they have a way to allow the subdivision to continue conditioned upon the applicant providing the information required to prove the system is either conforming or non- conforming.