05-14-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. U (9. #I2 -3550 KEVINAAD DENISE REILLY, 3405 HIGHLANE, Continued) Gaffron stated that the fees have been consistently required on other developments through the City. Gaffron provided a history of all single family subdivision developments in Orono since 2002. In all situations the City has charged fees on the entire property. McMillan confirmed that that policy has been applied consistently by the City. Denise Reilly, applicant, indicated that the existing home was constructed in 1912 at the time the Luce Line was constructed. Reilly stated her parents bought the house in 1972 and that she then bought it in 1989. Reilly commented they love living in Orono with all the open spaces and that they are more than agreeable to pay the park dedication fee. Reilly commended Orono Staff for their work on their application. Reilly noted that George Stickney bought the adjoining Graham property and developed it into 13 home sites. At the time Stickney did his subdivision, he paid over $122,000 in stormwater and drainage fees. Reilly stated they were shocked at the amount of the stormwater fees being charged for their development. Reilly noted the City's fee schedule states, new development land use, and then up above that it says in the second line that the trunk fee is based on the land use and acreage for the property being developed. Reilly indicated she is a lawyer by training and that in her current position she does a lot of reading of • statutes and ordinances as well as interpreting them. The first rule on legal interpretation is to look at the plain meaning of the language. Reilly stated she went to the dictionary and looked at the definition of the word new, which means having come recently into existence; and development means altering the landscape in any number of ways. Reilly noted they are not altering anything on the homestead and that they will, in fact, continue to live in it. Reilly stated the City's current interpretation does not make any sense because when they originally developed their property, they did it in such a manner that in the future under Orono's current zoning they could once again subdivide the remaining portion into two lots. Given how the City interprets its code, that means that at the time they create these two lots, they would again have to pay a new development fee. Reilly stated in her view they should only have to pay fees on the 2.37 acres and that they should not have to pay fees on the lot containing the residence since that is an existing lot. Mattick stated he is not aware if the ordinance defines what new development is beyond what was referenced by Ms. Reilly, and that if the ordinance were applied to the whole parcel originally, then that parcel would be paid for and would not constitute new development. Mattick stated he does not believe the City would charge the storm water fee again. Mattick noted he has not done an analysis of the complete ordinance. Gaffron stated the City would not charge the property again for storm water if it has already been paid. Reilly stated with respect to the language that states the trunk fee is based on the land use and the acreage of the property being developed, that language is not ambiguous. Kevin Reilly stated with respect to Staff s interpretation of the statute, simply because the south lot has is been redefined as a result of the subdivision, that should not constitute another development. Page 12 of 16