08-22-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LAl\PHER APPLICATION FEE WAIVER REQUEST (continued) Lanpher stated Ms. Levang and Mr. Cornick viewed their fence and that it was brought up by the two of them that he could seek a variance for the two fences. McMillan asked if they talked about waiving the fee. Lanpher indicated they did not but that he feels the fee is excessive. McMillan noted the City does not have a graduated fee schedule and at times some of the variance requests take more effort and more time than initially realized but that it is a standard fee. 'McMillan stated that is the way Orono has been doing it for a number of years regardless of what the request is and that they do not break out the different variances on different price points. Walsh stated the City has always been tough on the 0-75 foot zone and typically does not allow structures in that zone. Walsh stated his bigger issue is that the City's non -enforcement of this situation has created a very large practical difficulty for Mr. Lanpher and that the City needs to step up and correct. Walsh stated if that means the City should waive the fee, the City should do that, since in his view the City has been part of the problem. Walsh moved, Printup seconded, to approve waiver of the fee for Peter Lanpher. Levang stated she understands the issue but that she does not want to talk about the variance application since it has not yet been reviewed by the Planning Commission. Levang commented it is hard to go against Staffs recommendation since they have found no history of a fee being waived since 2009 and that approving this waiver would set a precedent. Levang stated she understands that the Lanpher's did not erect the fence and that they want to do right by making the fence conforming but that she is having a hard time agreeing to waive the fee because the City has not done that before. Lanpher noted the City allowed three previous homeowners to have the fence even though the fence was brought up as being noncompliant when it was first being installed. Lanpher stated there was not another complaint made once the fences were installed until 2012. Lanpher indicated he is just trying to get this situation corrected and that he has spent more than enough money defending themselves in legal actions. Lanpher stated he would like to understand why he has to spend another $700 that is nonrefundable in order to get a variance. McMillan asked if the nonrefundable part is the biggest issue for Mr. Lanpher. Lanpher stated that is part of it but that the fences were there when he purchased the property. Lanpher noted he can extend the fence down to the 75 -foot line without a variance. McMillan pointed out that he is looking to expand a nonconforming fence. McMillan noted the City Council has to be fair to all citizens and that she does not see a particular item that makes this variance fee waiver request unique. McMillan stated everyone else's variance is important to them and that she cannot say that this is such a unique situation that it should be waived. Page 11 of 15