04-12-1999 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( #5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road - Continued Flint said he is in favor of approving the application because the garage addition is behind the 75' setback, it is a small lot and not having a garage would be a hardship. VOTE: Ayes 4, Nays 0. ( #6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson, 650, 660, 670 and 680 Big Island - Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The applicant has proposed a lot line rearrangement and lot combination. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. The Planning Commission had made a recommendation to allow the cabin to remain for a period of 30 months. The property owners are willing to file an agreement with the City assuring the cabin would be removed and it would not be used for that time. Weinberger said there is an issue with the State Building and Fire Codes which state that no buildings are allowed within three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary from • the requirements of the State Code. He said the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south 1 -1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long -time friend of the family. In the course of buying the property, the former owner asked that the cabin not be torn down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1 -1/2 feet to accommodate the State code requirement. Pierson said he would have to discuss it with his clients. They would like the application approved now and they wouldn't file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing to put more money into surveys. His clients are willing to enter into an agreement with the City that the cabin will be removed in 30 months. Page 6