10-26-1998 Council Minutes - Laserfiche WebLink

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is ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2411 Paul Hanssen, Continued) boathouse to be in disrepair, which is not the result of the windstorm. Weinberger stated the Applicants have had a structural engineer inspect the boathouse who has determined that the front and back walls would need to be replaced as well as portions of the side walls. A variance to hardcover in the 0 -75' setback would be required as well as a variance to allow the boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks. Weinberger stated the Planning Commission denied this application based on their understanding of the ordinance which limits improvements to 50 percent of the fair market value of the non - conforming structure. Hanssen commented he would like to improve the boathouse as it is a nice asset to the property, noting he was unsure as to why the Planning Commission denied his request. Hanssen stated the assessed value of the boathouse is listed at $15,000, with the fair market value usually being slightly higher than the assessed value. • Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. Hawn stated it was the Planning Commission's understanding that the value is what it was at the time the ordinance was put into effect. Hanssen stated the ordinance specifies the fair market value of the structure at the time of the loss. Mayor Jabbour commented that perhaps this application should have been tabled until a determination was reached on the fair market value of the structure. Barrett stated this is the first time he has had an opportunity to review this application, noting the ordinance concerning non - conforming structures limits improvements to the existing structure to 50 percent of the present fair market value. Section 10.03(J) applies only to the use and not to the location of the structure, noting the boathouse is not a non - conforming use. Mayor Jabbour inquired whether this application should go before the Planning Commission to allow them to review the application based upon the correct information. Hanssen stated he would like to have a decision as soon as possible. Mayor Jabbour suggested tabling the application until the new information regarding the value • of the structure is reviewed by the Planning Commission.