09-20-2004 Planning Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Moiday, Aaguit 16,2004 6:00 o*clock p.m. (404.3646 Robcn awl BrcMia ^lacDoaaM, coalimcd) Kelley acknowledged it is not proper to build w ithout a building permit, but that the builduig cede has penalties provided for in the code to deal with a sihiation where a building permit has not been obtained. Kelley stated if a project is constructed without going through the proper hoops, the property owner is penalized by having to pay double the permit fees. Kempf stated it essentially sounds like if you pay a double achieved avoiding a hardcover study. , ^ a building permit, you have Kelley stated that is not what he is saying and apologized for not being clear. Kelley indicated it is his opinion under the nonconforming statute that governs, a person now has the right to replace or restore a nonconforming structure. Kelley stated he is not aw are of the code requmng hardcover reviews because you arc simply replacing a nonconforming structure. Rahn inquired how nonconforming sinicturcs would be gotten nd of if the person is alwa^'s allow ed to restore or replace them. Kelley noted that was a recent change in the law. Gundlach stated it is her understanding the new statute did not go into effective until August 1" and this project was completed prior to that time. Gundlach stated even if the new statute would apply, it docs nut ulluw for any expansion. Gundlach noicd the new garage was not constructed exactly the same as the old garage, with more height existing at the 8.4 foot non-conforming .setback. Rahn noted there were also dormers constructed on the conforming side. Kelley indicated that he did discuss this issue with Gundlach prior to the meeting and concurred that the statute did not go into effective until August 1“. Kelley submitted that he believed the statute should be applied in this case. Kelley stated as far as the expansion, in his view it would be expuruiun of **ie nonconforming setback, and that was not changed. Kelley stated the location of the garage was nut changed. Fritzler commented that it appears to be easier to ask forgiveness than to ask permission in this particular case. Kelley indicated the fact that a buildmg permit was not obtained in and of itself is not proper grounds to deny a variance. Kelley commented in cases where a building permit is not obtained prior to construction, the City does have ihc nght to impose a penally. Rahn stated the double fee allows the applicant to ask for a vanance. Rahn inquired whether the .MacE>onalds would be opposed to reducing any hardcover on this lot Rahn commented he would like to see some hardcover reductions. Kelley indicated he has not q?okcn with the city planner regardmg hardcover reductions. MacDonald stated when they originally came in wanting to rebuild the garage, one of the issues w as PAGE 26