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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,August 16, 2004 <br /> 6:00 o'clock p.m. <br /> (#04-3046 Robert and Brenda MacDonald, continued) <br /> Kelley acknowledged it is not proper to build without a building permit,but that the building code has <br /> penalties provided for in the code to deal with a situation where a building permit has not been <br /> obtained. Kelley stated if a project is constructed without going through the proper hoops,the <br /> property owner is penalized by having to pay double the permit fees. <br /> Kempf stated it essentially sounds like if you pay a double penalty for a building permit,you have <br /> achieved avoiding a hardcover study. <br /> Kelley stated that is not what he is saying and apologized for not being clear. Kelley indicated it is his <br /> opinion under the nonconforming statute that governs,a person now has the right to replace or restore <br /> a nonconforming structure. Kelley stated he is not aware of the code requiring hardcover reviews <br /> because you are simply replacing a nonconforming structure. <br /> Rahn inquired how nonconforming structures would be gotten rid of if the person is always allowed to <br /> restore or replace them. <br /> Kelley noted that was a recent change in the law. <br /> Gundlach stated it is her understanding the new statute did not go into effective until August 1st and <br /> this project was completed prior to that time. Gundlach stated even if the new statute would apply, it <br /> does not allow for any expansion. Gundlach noted the new garage was not constructed exactly the <br /> same as the old garage,with more height existing at the 8.4 foot non-conforming setback. <br /> Rahn noted there were also dormers constructed on the conforming side. <br /> Kelley indicated that he did discuss this issue with Gundlach prior to the meeting and concurred that <br /> the statute did not go into effective until August 1St. Kelley submitted that he believed the statute <br /> should be applied in this case. Kelley stated as far as the expansion,in his view it would be expansion <br /> of the nonconforming setback, and that was not changed. Kelley stated the location of the garage was <br /> not changed. <br /> Fritzler commented that it appears to be easier to ask forgiveness than to ask permission in this <br /> particular case. <br /> Kelley indicated the fact that a building permit was not obtained in and of itself is not proper grounds <br /> to deny a variance. Kelley commented in cases where a building permit is not obtained prior to <br /> construction,the City does have the right to impose a penalty. <br /> Rahn stated the double fee allows the applicant to ask for a variance. Rahn inquired whether the <br /> MacDonalds would be opposed to reducing any hardcover on this lot. Rahn commented he would like <br /> to see some hardcover reductions. <br /> Kelley indicated he has not spoken with the city planner regarding hardcover reductions. <br /> MacDonald stated when they originally came in wanting to rebuild the garage, one of the issues was <br /> PAGE 20 <br />