10-19-1998 Planning Commission Minutes

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ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 • (#2411 Paul Hanssen, continued) Staff is recommending the boathouse be treated as a new structure due to the major renovation work that needs to be completed. Staff is recommending denial of the request since the Zoning Code does not allow any structure within 75 feet of the lakeshore. Hanssen stated they have recently purchased the property with the intention of maintaining the boathouse, noting the boathouse is an attractive feature of the property. Hanssen presented the Planning Commission with three letters from the adjoining neighbors expressing their support of allowing the boathouse to remain. There were no public comments. Hawn commented she was not anxious to allow structures along the lakeshore, but stated the Applicant should have the right to rebuild since the structure was pre-existing. Chair Smith noted the structure was already in disrepair at the time of the purchase of the property. Weinberger noted the boathouse was not damaged by the storm but has deteriorated over the years. Stoddard stated he is in favor of the application. Schroeder inquired whether improvements to this structure could be made since the improvements may exceed the 50 percent limit allowed for under the ordinance, and recommended the application be denied. Lindquist stated if the improvement costs exceed 50 percent of the fair market value, then the • application should be denied. Weinberger stated more information should be obtained on the fair market value. Schroeder commented it is his understanding the value of the structure is what it was in 1975 or 1976 when the ordinance was passed and the improvements cannot exceed 50 percent of that value. Hanssen stated when the property was purchased he knew the boathouse would need some work but thought the structure would last for another ten to fifteen years. Chair Smith stated the Planning Commission is not in a position to determine the value of the structure or the cost of the improvements. Weinberger commented a conditional use permit is needed to do the work around the foundation. Chair Smith suggested tabling the matter until further information can be gathered concerning the ordinance and the fair market value of the structure. Stoddard moved to approve Application #2411, 3195 Casco Circle, granting of a variance to the hardcover requirements in the 0-75' lakeshore setback, a variance to allow a boathouse to exist within 75' of the lakeshore, a variance from the side yard adjacent to street setbacks, and a conditional use permit to allow work on the foundation. MOTION DIED DUE TO LACK OF A SECOND. Lindquist moved, Smith seconded, to deny Application #2411, 3195 Casco Circle. • VOTE: Ayes 4, Nays 1, Stoddard opposed. Page 11