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TO: <br />FROM: <br />DATE: <br />Chair Smith and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Paul Weinberger, Assistant Zoning Administrator <br />November 13,1998 <br />SUBJECT: #2411 Paul and Leann Hanssen <br />3195 Casco Circle <br />Conditional Use Permit—Variances—Public Hearing <br />The City Council tabled this application at their October 26, 1998 meeting to reconsider the <br />application based on the finding that the ordinance should have considered the fair market value <br />rather than the value of the structure at the time the zoning chapter was adopted. Tom Barrett, City <br />Attorney, stated at the City Council meeting Section 10.03(J) applies only to the use and not the <br />location of a non-conforming structure. The boathouse is not a "use". <br />It should be noted the boathouse was not damaged by the wind storm. The deck located above the <br />boathouse was damaged. The deck can not be rebuilt without necessary structural repairs to the <br />boathouse to support the deck. The City Building Official has determined the boathouse will need <br />to be reinforced structurally before a building permit can be issued for the deck. <br />The City Attorney is preparing a letter that should explain when it is allowable to permit a non- <br />conforming structure to be replaced after damage from a storm, fire, or other "act of god". <br />This application will go before the City Council at their regular meeting on Monday, November 23, <br />1998. The 60 day time period for City action will expire on November 24, 1998. <br />The City Council minutes are attached to the Planning Report for your review.