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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Wednesday,January 22, 2003 <br /> 6:30 o'clock p.m. <br /> (#02-2860 SUNSTATE CONCEPTS, Continued) <br /> Chair Smith moved,Rahn seconded,to approve Application#02-2860, Sunstate Concepts,Inc., <br /> based on staff recommendations to grant a lot area variance,deny a side setback variance, approve <br /> the front setback variance relative to the `alternate' plan but not for the original proposal that <br /> requires the side setback variance, a further recommendation,that the new home be connected to <br /> municipal sewer rather than reconnected to the existing septic system at completion of <br /> construction, and completing a wetland delineation prior to construction of the 2nd-story deck for <br /> the property located at 1955 Heritage Drive.VOTE: Ayes 7,Nays 0. <br /> Gorr asked if he were being required to hook up to municipal sewer, even after being told by the City he <br /> was not required to do so, if the current system was conforming. He felt this was contrary to everything <br /> he had been told. <br /> Chair Smith stated that the Commission recommendation to City Council would be that he connect to <br /> City Sewer prior to the issuance of the certificate of occupancy. As there was not an adequate second site <br /> found for sewer,the Commission agreed with staff's recommendation to connect the new construction to <br /> municipal sewer. <br /> Gaffron stated,to be fair,the applicant likely has a second issue with the City, since he had also been told <br /> incorrectly by staff in the past that he would not have to go through this process for a lot area variance to <br /> rebuild on the existing foundation,which was not the case. <br /> Gorr stated he was told twice he would not need to ask for the lot area variance by staff, first early last fall <br /> by Weinberger and then Bottenberg late fall. It was not until more recent meetings with Gaffron that he <br /> was informed otherwise, after purchasing the property. <br /> Rahn stated that, since Gorr had asked to be moved along to Council,this is only the Commission's <br /> recommendation and he could plead his case and the inconsistencies to Council when he meets with them. <br /> Gaffron reminded the Commission that this issue, of when a remodel becomes a rebuild or new <br /> construction,is still a fluid issue for discussion that the Commission has not come to any conclusion on. <br /> There is no code recognizing 50%, or any other standard,by which to judge when a remodel becomes <br /> new construction. This issue does need to be resolved so that the City can show people, in its Code,that <br /> when a remodel reaches a certain level it becomes new construction or rebuild. <br /> Chair Smith agreed with Gaffron, and stated without a standard in place for documentation,it would be <br /> the Commission's recommendation that the Council consider this as new construction, whereas the <br /> Council may still decide otherwise. <br /> Gaffron stated that this would come before Council next week and asked if the applicant felt he had <br /> enough time to make the alterations since the process came as somewhat of a surprise to him. <br /> Gorr indicated that he could work with staff to have something ready for Council. <br /> PAGE 18 of 29 <br />