03-23-1998 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 23,1998 ( #7A) ORDER PLANS AND SPECIFICATIONS FOR SHORELINE/HERITAGE • SANITARY SEWER PROJECT - RESOLUTION NO. 4049 Flint moved, Goetten seconded, to approve Resolution No. 4049 ordering preparation of plans and specifications for the project. Vote: Ayes 4, Nays 0. Moorse informed the residents that the motion allows for the City to order the plans and specifications. Bids will be taken after this is completed. Final costs will be determined at that time and an assessment hearing held. Jabbour noted that there is a 30 -day waiting period after the assessment hearing. The residents are allowed to waive the assessment hearing through signing a waiver to accelerate the process. ( #9) #2317 KHASROW DAIVARI, 1082 LOMA LINDA AVENUE - AFTER -THE- FACT VARIANCES - RESOLUTION NO. 4051 The applicant arrived at the meeting. Jabbour moved, Peterson seconded, to reconsider the motion to table the application. Vote: Ayes 4, Nays 0. Bressler reported that the application is for after -the -fact variances to allow the retention and completion of a screen porch constructed over an existing deck. It was built without • a permit and requires after- the -fact variances for average lakeshore setback and structural coverage. The Planning Commission unanimously recommended denial of the request. Bressler reviewed the findings as noted in the resolution draft. Mr. Daivari felt the issue was taken personally by the City, and he felt he has been treated poorly. Daivari said he did not think of the porch as a structure as there was screening only. He did not think he needed a building permit and applied for the variance once he was notified of the fact. He said he made a mistake but was not informed by the City what should have been done. Daivari said he made the decision to remove the porch. He misunderstood when the last Council meeting was and found out at the Council had made their decision. Jabbour informed Daivari that the Council has not made any decision. He said the State Statute requires action to be taken within a 60 day time period and time was lapsing. The Council could not wait until this date and required his permission to extend the time line. Bressler explained that Daivari was referring to the resolution draft. Jabbour explained that the resolutions are drafted based on the Planning Commission recommendations and are not approved until the Council does so. Daivari referenced another porch on Loma Linda that received approval. He said he had asked what could be done to make everything right but was told that nothing could be done. Jabbour told Daivari that the Council cannot override what the building inspector determines. The porch must be constructed to universal building code. 11