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ORONO CITY COUNCIL MEETING <br />MINUTES FOR NOVEMBER 23, 1998 <br />( #2403 Terry Clark, continued) <br />recommendations, noting he will tend to go along with the vote of the Planning Commission. <br />Flint moved, Peterson seconded, to approve Application #2403, 1575 Long Lake <br />Boulevard, and adopt RESOLUTION NO. 4199, granting variances to street yard setback, <br />lakeshore setback, top of bluff variance, hardcover variance in the 0 -75' setback, and a <br />conditional use permit, per the recommendations of the Planning Commission. <br />VOTE: Ayes 5, Nays 0. <br />Mayor Jabbour noted that the City Council has warned the Applicant that no new hardcover will be <br />allowed in the event a larger garage is desired by this property owner or future property owners. <br />( #7) #2411 PAUL AND LEANN HANSSEN, 3195 CASCO CIRCLE - VARIANCES <br />Paul Hanssen was present. <br />Weinberger stated this application was reviewed at the last City Council meeting where it was <br />sent back to the Planning Commission for further review based on new information. <br />The Applicants are requesting to repair a boathouse located 15 feet from the Lakeshore. The <br />boathouse has been determined by the City Building Staff to be in a state of disrepair. This <br />application requires a variance to the hardcover in the 0 -75' setback and a variance to allow a <br />boathouse to exist within 75' of the lakeshore. A variance from the side yard adjacent to street <br />setbacks is also required to allow the structure to be located ten feet from a platted public <br />right -of -way. <br />Weinberger stated the deck located above the boathouse was damaged in a storm back in May, • <br />and the Building Official did not issue the building permit due to the condition of the boathouse. <br />The Applicant had a structural engineer inspect and prepare a report on the scope of work to be <br />completed. It has been determined that the front and back walls would need to be replaced as well <br />as portions of the side walls. Repairs to the foundation are also necessary. Weinberger noted that <br />the State Building Code requires that these structures have new foundations as well as new footings. <br />The Planning Commission originally had voted to deny this application in October based on issues <br />involving replacement cost of the structure. City Council requested the Planning Commission revisit <br />this issue due based on the fact they had the incorrect information when their decision was <br />reached. The Planning Commission reviewed the application again in November and recommended <br />denial of the application based on not having any new information to reverse their previous decision. <br />Hanssen stated he has spent $550 on a structural engineering plan at the request of City Staff, and <br />if improvements to these types of structures are already prohibited by City ordinance, then that cost <br />could have been avoided. <br />Mayor Jabbour stated in his view there is a misunderstanding about what the exact ordinance is that <br />applies in this case. <br />Dale Lindquist, Planning Commission, stated they had requested information from the City Attorney <br />which they did not receive prior to their meeting. <br />Mayor Jabbour stated it was his understanding based on what the City Attorney has stated that <br />the value and use of the property does not apply in this case, and that this structure should be <br />considered a non - conforming structure that requires a variance to the 0 -75' setback. Building Staff <br />has determined that if improvements to the structure are allowed, then the boathouse must be <br />Page 8 <br />