11-09-1998 Council Packet - Laserfiche WebLink

Home Browse Search

ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Fiedler Assessment Refund, Continued) Gaffron stated the Applicants had originally applied for variances to construct a new home to replace their existing home at 365 Westlake Street. The application required a significant r jmber of variances which the Planning Commission found to be difficult to approve, and the request was tabled. Since that time the Applicants have purchased the adjoining property at 373 Westlake, and have indicated they would like to combine both lots and eventually demolish both houses and build a new residence on the combined lots. The combination of the two lots will reduce the degree or magnitude of the variances required. Gaffron stated the request before the City Council tonight is to allow the residence located at 373 to remain on the combined lots as an accessory structure with no plumbing. The Applicants have indicated they would be willing to remove the plumbing. Staff recommends allowing the accessory structure to remain for a period of two years provided the plumbing is removed. Gaffron stated the Applicant is also requesting a sewer assessment refund since the residence will no longer be connected to City sewer. The previous owners had paid the annual assessments with their taxes each year from 1993 through 1998, with the remaining balance of $5,304.02 being paid by Mr. Fiedler upon his purchase of the residence. Staff recommends denial of the refund due to the possibility of setting a precedent. Fiedler stated he purchased the adjoining property a couple of months ago and in order to expedite the sale, he had agreed to pay the remaining sewer assessment Fiedler remarked the property had been vacant for approximately one year prior to purchase and will continue to remain vacant. The sewer has already been capped and is no longer in use. Mayor Jabbour remarked the Applicant needs to understand that the City cannot refund the assessment due to ti e fact that it would set a dangerous precedent and the City in the future might be faced with refunding similar assessments whenever a vacant house is purchased. Fiedler stated there are instances where the City has waived sewer assessments where they have remained unpaid. Gaffron remarked that the City on some occasions has waived unpaid sewer assessments on vacant lots before the property has been purchased by an interested party, but the City has not refunded any sewer assessments once the property has been purchased Mayor Jabbour commented the lot will still be considered substandard even after the two lots are combined.