11-16-1998 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 • (#2411 Paul Hanssen, continued) Weinberger stated this application was before the Planning Commission in October where they had recommended 4-1 to deny this application. The City Council reviewed this application at their October 26, 1998 meeting and tabled the application to allow the Planning Commission to reconsider the application based on the finding that the ordinance should have considered the fair market value rather than the value of the structure at the time the zoning chapter was adopted. Tom Barrett, City Attorney, stated that Section 10.03(J) applies only to the use and not the location of a non-conforming structure. Weinberger stated the Applicant is requesting permission to repair an existing boathouse and deck located above the boathouse. The deck cannot be rebuilt without the necessary structural repairs to the boathouse to support the deck. The building inspector has determined that the boathouse was not damaged by the storm and is recommending not allowing the repairs to the deck due to the deteriorating condition of the boathouse. The Applicant has had a structural engineer review the existing condition of the structure and is recommending that the front and back walls be replaced along with portions of the side walls. The foundation is also in need of replacement. Weinberger stated he has contacted the City Attorney in an effort to get written documentation concerning how the zoning code should be applied to this application, and was verbally told that Section 10.03, Subd. 5(J) applies to uses only and the boathouse is not considered to be a use. Hanssen stated he would like his application approved. John Erickson, 1620 Shadywood, stated he was forced to remove his boathouse due to the • deteriorating condition and indicated he will sue if the City approves this application. Schroeder indicated he did not talk with the City Attorney personally and that this interpretation is inconsistent with what his understanding has been for boathouses. Weinberger stated that the City Attorney has determined that the section that applies is the section of the code that deals with non-conforming uses, noting that this structure was in existence prior to the ordinance and the property owner may have certain property rights. Schroeder indicated he would like the City Attorney to advise the Planning Commission personally or something in writing dealing directly with this application. Weinberger commented he would feel more comfortable if the City Attorney would comment on this application. Chair Smith stated she was in agreement and would like the City Attorney to comment on this application. Weinberger stated the City Attorney was uncomfortable about drafting a letter and having it interpreted as City policy when in fact it is an interpretation of the ordinance as it applies to this application. Lindquist remarked if the Planning Commission denies the application, the boathouse will need to be removed unless the City Attorney advises otherwise. • Schroeder stated the issue has to do with hardcover in the 0-75' setback, noting that the City's philosophy is to protect the lake by removing structures close to the lakeshore that are in disrepair. Page 9