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ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 27, 2000 (*U5) #2643 Patrick and Kristen Burton, 2601 Rainey Road - Variance - Resolution No. 4571 Flint moved, Sansevere seconded, to adopt Resolution No. 4571 granting a variance to permit the construction of a private driveway through a wetland where no fill is normally allowed for the property located at 2601 Rainey Road. Vote: Ayes 5, nays 0. (#6) Edward and Carol Callahan, 2545 North Shore Drive - Appeal of Administrative Decision Edward Callahan, owner of the property at 2545 North Shore Drive, was present. Weinberger explained that the applicant was appealing the administrative decision regarding repair to an existing gazebo located on the lakeside of the residence. A building permit application was submitted on October 23,2000 for repair of the gazebo. The applicants had indicated that the building was damaged in the storm of May 1998. Weinberger referred to the observations made for denial in the Request for Council Action dated November 6,2000. He noted the primary issue was that based on the existing condition of the building, the structure had extended beyond its useful life. The comer posts, which are required for structural integrity, are leaning and lOtted. The rafters, shingles and interior of the building are also rotten. Weinberger explained that the building is comprised of four comer posts, a door and window on one side, windows on the back side, and the walls on the lakeside and opposite side from the lake are screened panels. The building contractor has indicated the entire building would need to be replaced as part of the repair. The permit was denied based on the interim procedures for handling storm damage as a result of the May storm. Buildings were allowed to be repaired if they did not go beyond 75% damage. Weinberger stated that it is staffs position that a variance would be required to allow the stmeture to be replaced. There are no records available as to the condition of the building prior to the May storm. The two options available to Council are to approve the appeal to allow replacement of the stracture, or to deny the appeal. The applicant would have the option to apply for a variance if the appeal is denied. Weinberger added that the building is located I'A feet from the residential propert>- to the west and 12 feet from the lakeshore. Callahan stated that he felt approval of the permit is appropriate. He explained that the building was built at the time the house was built on a patio. He referred to photographs which show how the building was moved off the footings about one foot during the 1998 storm. The front part of the building contains electricity and phone lines. The screened sides are "fragile" and resulted in tree damage from the storm. A tree branch also fell on the roofereating a hole. He questioned --------------------— ‘ ^I■!> tiifirr*--—■ ir i nr i-m i i i~iMii laiinran — ------------— —----------—-iii i