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• • <br />MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 15, 1981 Page 4 <br />d abbour noted that in 1978 the code never recognized this <br />s a legal non-conforming structure but six years after, <br />this is clearly an illegal non-conforming.structure and <br />we could not issue a Conditional Use Permit for this struc­ <br />ture. <br />Rovegno asked if the applicant would have to apply for a <br />Conditional Use Permit to fill in the hole if the struc­ <br />ture is to be removed? <br />Mabusth noted that if this was a condition of denial then <br />it would be covered by the original Conditional Use Permit. <br />Jabbour moved to deny the Conditional Use Permit of John C. <br />Ericson for major repair work done to his lakeshore pagota, <br />a non-conforming structure, based on the following findings: <br />According to the Orono Zoning Code this building <br />should have been removed three years ago because <br />it was assessed for under $3,000. <br />No demonstrated hardship to allow for a variance to <br />this non-conforming use section of the code. <br />This was not a case of normal maintenance but a major <br />structural repair done to an illegal non-conforming <br />structure. <br />^ -ui. JPrahm seconded. Vote: Ayes (4), Nays (2). <br />Minority Opinion - Adams - Insignificant findings made <br />in 1975 to determine that this structure was under $3,000 <br />in value. Disagree with majorities opinion that the code <br />does distinguish between normal maintenance and major <br />repairs. This is just repair to a structure. <br />Minority Opinion - Rovegno - Applicant is just replacing <br />foundation which is just normal maintenance. It is un­ <br />reasonable to ask the applicant to tear the structure down <br />because the City never gave clear direction concerning the <br />enforcement of this section of code in 1978. Also the drain <br />should be properly plumbed to meet code requirements. <br />Tim Peterson, the contrr.ctor, was present. There was no <br />setback problems. The applicant has a 14 acre parcel of <br />property. <br />JOHN NORDSTROM <br />541 Spring Hill Rd. | <br />Rovegno moved to approve the size variance for the garage <br />structure of 20 sq ft. subject to the condition that the <br />proposed garage must be 150 ft. from all property lines. <br />Variance <br />#623 <br />Frahm seconded. Vote: Ayes (6), Nays (0). <br />.^jS