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ORONO CITY COUNCIL MEETING <br />MINUTES FOR OCTOBER 26,1998 <br />(#2411 Paul Hnnssen, Continued) <br />boathouse to be in disrepair, which is not the result of the windstorm. <br />Weinberger stated the Applicants have had a structural engineer inspect the boathouse who <br />has determined that the front and back walls would need to be replaced as w’ell as portions of <br />the side walls. A variance to hardcover in the 0-75' setback would be required as well as a <br />variance to allow the boathouse to exist within 75* of the lakeshore, and a variance from the <br />side yard adjacent to street setbacks. <br />Weinberger stated the Planning Commission denied this application based on their <br />understanding of the ordinance which limits improvements to 50 percent of the fair market <br />value of the non-conforming structure. <br />Hanssen commented he would like to improve the boathouse as it is a nice asset to the <br />property, noting he was unsure as to why the Planning Commission denied his request. <br />Hanssen stated the assessed value of the boathouse is listed at SI 5,000, with the fair market <br />value usually being slightly higher than the assessed value. <br />Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. <br />Hawn Slated it was the Planning Commission's understanding that the value is what it was at <br />the time the ordinance was put into effect. <br />Hanssen stated the ordinance specifies the fair market value of the structure at the time of the <br />loss. <br />.Mayor Jabbour commented that perhaps this application should have been tabled until a <br />determination w’as reached on the fair market value of the structure. <br />Barrett stated this is the first time he has had an opportunity to review this application, noting <br />the ordinance concerning non-conforming structures limits improvements to the existing <br />structure to 50 percent of the present fair market value. Section 10.03(J) applies only to the <br />use and not to the location of the structure, noting the boathouse is not a non-conforming use. <br />Mayor Jabbour inquired w'hether this application should go before the Planning Commission <br />to allow them to review the application based upon the correct information. <br />Hanssen staled he would like to have a decision as soon as possible. <br />Mayor Jabbour suggested tabling the application until the new information regarding the value <br />of the structure is reviewed by the Planning Commission.