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COUNCIL MEETING <br />To: Orono Council Members MAY 2 81985 <br />From: Michael P. Gaffron, Assistant Zoning Admin C)ITYa OF ORONO <br />Date: May 23, 1985 <br />Subject: #921 Van Eeckhout Building Corporation, 2135 Salem Court <br />Variance <br />Zoning District - RR-1B <br />Application - Variance to side lot line setback for a new <br />residence (under construction) <br />Required SEtback: 30' <br />Proposed Setback: 11' <br />Variance: 19' or 63% <br />List of Exhibits <br />Exhibit A - Application and Letter of Request <br />Exhibit B - Plat Map <br />Exhibit C - List of Property Owners <br />Exhibit D - Proposed Site Plan <br />Exhibit E - Original Site Plan <br />Exhibit F - Possible Lot Line Rearrangement - Staff Sketch <br />This application is the result of a construction error in which <br />house was placed incorrectly by the applicant's footing contractor and <br />ended up too close to the lot line. <br />Apparently, the footing excavation had been done for ' s house <br />portion only, not the garage, and the contractor had starteu to pour <br />footings prior to inspection. <br />When the inspector arrived midway th -ough the pour, he had the <br />contractor expose portions of the poured area to verify the soil base, <br />and he noted that the setbacks appeared to be OK. Some days later, <br />presumably when the garage footings were excavated, it became obvious <br />that the footing contractor had actually made a mistake and had <br />located the house so that the garage would end up 11' from the pro- <br />perty line. At this point, some work had been started on the block <br />foundation walls, but the foundation was not complete, according to <br />the building inspector. <br />At this point the applicant came to the City to discuss the <br />problem, and suggested that rather than start over, because he had <br />sizable investment in the work done so far, that he would prefer <br />either a lot line rearrangement with the adja.•..!nt lot (which he owns), <br />or would request a setback variance. Staff advised applicant that he <br />would b,� proceeding at his own risk in continuing work on the house <br />portion; that he under no circumstances would be allowed to pour the <br />garage footings until the problem was resolved; and that there was no <br />guarantee that a variance or lot line rearrangement would be granted <br />under the circumstances. <br />