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• MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, July 14, 2003 <br />7:00 o'clock p.m. <br />(7. #03 -2909 Plekkenpol Builders Inc. on behalf of Tom McGlynn, Continued) <br />Boeder explained that two lakeside posts were removed entirely and the building was to be <br />cantilevered over the water. Boeder disagreed with staff's perspective that 10.55 Subdivision 26B <br />doesn't apply. In fact, Boeder maintained that the 50% Rule should apply and presented a bill from <br />the contractor for $505 for brackets and supplies. In addition, since the beams as reconstructed <br />would be above flood level, this which would substantially reduce potential flood damages for the <br />entire structure. <br />Furthermore, Boeder pointed out that it was not the intent of the applicant to `destroy' the boathouse, <br />rather to restore and remodel the structure. Unlike the Erickson Resolution Gaffron referred to, <br />Boeder stated that McGlynn pulled the appropriate permits to do the restoration work and went thru <br />the appropriate process. He maintained that these are not after - the -fact variance requests on behalf <br />of Mr. McGlynn, as they were in the Erickson case. <br />Boeder stated that their position remains the same, that a variance is not needed, the use has not <br />changed, the structure has not been enlarged, and the same materials are being used. He pointed out <br />• that it is difficult for contractors to distinguish between structural and nonstructural work based on <br />the code, in their opinion, maintenance of the foundation should not be considered structural. <br />0 <br />Sansevere questioned what phase of completion the McGlynn's were in when forced to stop work. <br />Boeder stated that all that remains is painting and installation of French doors. Boeder stated that the <br />entire restoration project was estimated at a cost of $20,000; whereas, the foundation work was just a <br />mere $505 of that bill. <br />Having visited the site, Murphy acknowledged his preference for keeping the old lakeshore <br />buildings. As a homeowner with a nonconforming barn and shed in need of floor repair work, which <br />to be done right, the structures should be lifted off their foundation. He had difficulty supporting <br />staff's notion that the structure not be moved. He recognized the contractor's need to ensure the <br />safety of his workers. <br />Gaffron maintained that lifting a structure off a foundation should be viewed differently than moving <br />it entirely off its foundation. <br />Murphy did not understand the difference if the structure was returning to the same place. <br />Gaffron pointed out that once the nonconforming structure has been moved off of its original <br />foundation, the City has an opportunity to relocate or encourage the applicant to move it to a <br />PAGE 11 OF 21 <br />