05-24-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 30 of 34 16. LA21-000026 – JALIN DESIGN, LLC O/B/O TIM HOLLAND, 1395 ORONO LANE, VARIANCES – RESOLUTION – Continued Curtis said there are different regulations about where one is within the flood way or the flood plain. Attorney Mattick said the idea in dealing with a flood plain, even when one replaces a non-conformity in- kind, if they are in the flood area, they are still expected to raise it up. It is not in-kind in the flood area, they either need to raise it up or move it back. That is what Curtis has been instructing them to do here. It is a little different than some of the non-conformities the Council deals with because not all of them have the flood plain issue. Seals noted there is history where the Council has raised it up and not moved it. Attorney Mattick said they have allowed that, but they have to raise it up to rebuild it. Seals is a strict believer of like-and-kind because once they move left or right, it is a hot mess and Pandora’s Box. She is supportive of raising it so it is in compliance with FEMA and everywhere else, and they have done it before, while keeping the same footprint. She said it is great that they want to be kind to their neighbors. Crosby said the reality is the neighbor will be looking at a much nicer structure when this is done. Walsh agrees to keep it in the same footprint and raise it up. Johnson asked if they are talking 1-1.5 feet? Curtis said they need to raise the structure out of the flood plain and also maintain a fill elevation of the 931.5. She does not know the exact height. Mr. Lindgren said the issue with raising it is he will have almost a step-and-a-half to get to that new level and he cannot add any elevation to the exterior around the perimeter of it from a landing standpoint to get in. Walsh said that would be a practical difficulty and they would have to give that to the applicant. Mr. Lindgren thinks he may have some issues with watershed. Curtis does not know but knows he will need to get their permission to fill within the flood plain and depending on how much they will have to mitigate the fill. Seals moved, Crosby seconded, to table LA21-000026. VOTE: Ayes 4, Nays 0. Walsh said they would bring it back before the Council on May 24, 2021.