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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday, October 12,2020 <br /> 6:00 o'clock p.m. <br /> (Ressler and Gettman). Council should review the application and determine if practical <br /> difficulties are met for the variance. <br /> Dan Murphy of Kuhl Design Build acknowledged a 3-2 vote in denial and noted the neighbors <br /> are very much in support of this project;the issue they are running into is that it is a very old <br /> structure and is non-compliant as it is. He stated they could rebuild it there, but to rebuild the <br /> roofline - because it is very flat, old and beaten up—to meet the building code they would have <br /> to get another variance anyway. He clarified no matter what they do,they would need to get a <br /> variance on the roof because it is such a flat pitch and in looking at the packet, the Council can <br /> see there is only a very small area of the roof that actually requires the variance; most of the <br /> structure is fine. Because they are changing the pitch, a tiny sliver of it comes into play when <br /> dealing with the setback issue. He noted the drainage issue came up at the Planning Commission <br /> and the issue was addressed, they showed it to the neighbors and discussed it with them, and <br /> neighbors are completely on board because it will look a lot better in the neighborhood. <br /> Mayor Walsh appreciates the neighbors not having a problem with the building, but asked if it <br /> meets the practical difficulty standard for a non-conforming structure. He can't think of an <br /> example where they've allowed someone to expand to a non-conforming on a setback. He hasn't <br /> seen what the practical difficulty is yet that would require the need to do the project. <br /> Mr. Murphy replied the practical difficulty is that if they do anything, they must build it to code <br /> and if they build it to code they need a variance. <br /> Mayor Walsh stated they are then creating their own practical difficulty. <br /> Mr. Murphy stated there isn't another option with what they need to do with the structure right <br /> now because the roof is going to give way soon, so it's either let it continue to dilapidate or build <br /> the structure back up so it looks good in the neighborhood and can stay, otherwise it is just kind <br /> of an eyesore. If they could put a new roof on it without having to get a variance, they would. <br /> Mayor Walsh said they could put a new roof on the exact way it is. <br /> Mr. Murphy said if they start taking the beams off to give the support that is necessary by code, <br /> then they can't. <br /> Mayor Walsh stated they can build like-and-kind without having to go up further in a non- <br /> conforming use, and that is the issue. <br /> Mr. Murphy asked can they supersede code. <br /> Mayor Walsh noted they are not superseding code,they are getting like-and-kind and added they <br /> could tear the whole house down and build like-and-kind;the same height, the same footprint. <br /> Mr. Murphy asked doesn't it have to be built to code. <br /> Page 5 of 24 <br />