01-08-2018 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. problem. Schoenzeit noted they have not heard from the building inspector on whether the members are the right size, and that if it needs disassembly to meet code, he is not comfortable with the location. Thiesse stated if it meets all the requirements of the building official, it could be approved if the Planning Commission finds the location acceptable. Curtis stated structurally the building can be shored up to make it work and that the Planning Commission should not base their approval on whether it is structurally sound. Curtis stated if it is approved in this location, the building inspector has indicated they can make it work structurally. Schoenzeit stated if it has to be torn down to meet code, it should be considered a clean sheet, and that a practical difficulty could be the fact that it already exists. Curtis stated they need to look at it as though it is not there and that the practical difficulty cannot be that it is already built. Schoenzeit stated if it is not there, it would not be allowed to cross the yellow line. Barnhart pointed out the property owners cannot create the practical difficulty. Curtis stated according to the building inspector, the structure can be shortened to meet the 75 -foot setback. Thiesse stated he cannot vote for a motion requiring someone to cut four feet off of their porch and that they can make the porch structurally sound if it is lacking something. Thiesse commented it is the cove that is manmade that has created a practical difficulty. Landgraver stated he is disappointed that something was built and that they are now dealing with it after the fact. Landgraver indicated he would be willing to grant a variance to the 75 -foot variance since it is already built but that he has an issue with the average lakeshore setback. Landgraver stated he is not sure the Planning Commission would have approved it that far past the average lakeshore setback line.