09-09-1985 Council Packet - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. I'G 5 #930 SHAVER/TKARSE continued Acting Mayor Frahm indicated his concerns with Attorney Radio's opinion. Frahm also stated he felt that the lots should be combined and he still had concerns on the liability. Councilmember Grabek stated that he felt the applicant should have the right of access to his piece of property which has been recognized as a legal piece of property by the State and City and which applicant is paying taxes on. Councilmember Hammerel agreed with Councilmember Grabek's statement. Acting Mayor Frahm stated that he would be against it unless the two pieces of property were legally combined. Zoning Administrator Mabusth asked the Council to reconsider their original approval of a rear setback variance for the proposed residence on the interior lot. A recent survey confirmed the house will be set 30.8 feet from the rear lot line not 37 feet as originally proposed. Attorney Radio stated that the applicant must file a separate application request for use of the public right-of-way and a variance to allow _he dock as a structure, which must be presented before the Planning Commission. It was moved by Councilmember Grabek, seconded by Acting Mayor Frahm, to conceptually approve the rear setback variance application of Jim Shaver and directed staff to prepare a resolution for formal action by the Council at the next meeting. Council further directed the applicant to file a separate variance application with the City in order to permit construction of an accessory dock on a lot that could not sustain a principal structure in addition to seeking formal approval of the use of the public right-of- way. Motion, Ayes (3), Nays (0). #941 PAUL NUTT - RES. #1846 1946 DAVID C. COOK - RES. #1847 #951 JOHN THIMMISH - RES. #1848 2739 SHADYWOOD ROAD CONDITIONAL. USE PERMIT/VARIANCE Paul Nutt, David C. Cook, and Job Thimmish were present for this matter. City Administrator Bernhardson explained the applicants' request for a) variance to maintain a dock (accessory structure) on a lot without a principle structure b) conditional use permit and variance to continue the non- conforming use, be recognized as a legal non -conforming use.