06-12-2000 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 ZONING ADMINISTRATOR'S REPORT *3. #2486 Elaine Erickson, 1270 Spruce Place— Conditional Use Permit and Variances — Resolution No. 4473 Peterson moved, and Sansevere seconded, to approve Resolution No. 4473 granting a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 21 to allow grading within 5 feet of a lot line, and a Variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit construction of a new residence. Vote: Ayes 4, Nays 0. 4. #2557 Daniel and Judith McAthie, 1449 Bay Ridge Road — Variance Review Weinberger reported that the applicants were granted variances in January for the addition of a second story to their existing house. The approval was for an addition to the existing house. Staff found on a recent visit that the house had been removed from its foundation and placed the Building Permit on hold. The building contractor found that part of the foundation would have to be replaced and that many of the joists were rotted and should be replaced to ensure compliance with the State Building Code. The applicants intend to use most of the existing • foundation and would construct the new house based on the plans approved by the Council per • Resolution No. 4416. Weinberger requested direction from the Council to either: 1) permit construction to continue based on the intent of the variance approvals understanding that no exterior alterations are proposed for this plan, which would limit the size of the house and staff were comfortable with the plan; 2) advise the applicant to submit a new Land Use Application which would require variances to be granted for new construction, and either granting a variance for lakeshore setback again, or requiring the building be moved to meet the average lakeshore setback, which could change the exterior of the house. Mr. McAthie stated his intent is to only do what they originally proposed. His contractor stated that they did not expect to have to remove the house, but as they worked they discovered more and more rotted floor joists. He stated that he has to warranty his products for ten years and can't build on a bad foundation. Mayor Jabbour stated that there are large differences between this application and the house on County Road 15, which had a similar sequence of events, but also included structure within the 0 -75 foot zone. Barrett asked that staff draft a resolution listing the reasons why it is appropriate to allow the applicant to proceed with plan 1. Flint moved, and Sansevere seconded, to allow the applicant to continue based on plans • approved by the Council per Resolution 4416 and direct staff to prepare a • resolution to present to the Council at their next meeting for adoption listing the 2