11-23-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 ( #2411 Paul Hanssen, continued) brought up to code, which requires certain variances. Jabbour commented that a hardship must be found in order to grant the variances. Hanssen commented the wind storm in May had blown the deck off the boathouse, and upon closer inspection, it was determined that the foundation is in disrepair, but in his opinion the boathouse could have been used for another ten years. Goetten indicated she was still somewhat confused about the ordinance, noting that in her view the value of the structure played a factor in determining whether the improvements could be made to the structure. Hanssen stated the ordinance states that the value of the building is determined at the time of the loss and not at the time the ordinance was adopted. Barrett indicated he did not receive the letter from City Staff until after the Planning Commission meeting and at the previous City Council meeting was not familiar enough with the case to give clear direction on how to proceed on this application. Barrett stated the location of the boathouse makes it non - conforming due to the setback and is not a non - conforming use. The City Council needs to decide whether a variance should be granted to allow this type of non - conforming structure to remain. Barrett stated the value of the structure has been looked at in previous applications in determining hardship. Barrett stated the variance is properly before the City Council and the City Council needs to make a determination based on hardship on whether to grant the variances. • Mayor Jabbour stated in his view the City Council needs to determine whether that structure would have had a longer life span had the damage not occurred in the windstorm. Jabbour commented he was attempting to differentiate what percentage of the repairs are necessary due to bringing the structure up to code versus what damage was caused in the storm. Kelley remarked that the Building Inspector must think that more than 50 percent of the structure needs to be replaced, noting that the ordinances are pretty clear. Flint stated he has difficulty making the Applicant tear down what was pre- existing. Flint commented that numerous residents in the Casco Point area have expressed complaints regarding the costs associated with obtaining the required structural engineering plans and other studies that the City requests. Flint stated that maybe that issue should be reviewed to see if some of these costs can be avoided. Mayor Jabbour indicated that a hardship must be demonstrated. Flint stated in his opinion the hardship is that the boathouse was pre- existing, the windstorm damaged the structure, and the Applicant is now requesting to repair what he already had. Mayor Jabbour remarked that the required engineering plans and studies are needed to determine the full extent of the project before work is commenced, and that City Staff attempts to use common sense when requesting these studies. Hanssen indicated that the engineering plan fee was not a big issue in his mind. Mayor Jabbour commented that the difference in this application and other applications is that this application has become necessary due to the damage caused in the storm. Jabbour noted that the City in the past has taken the position that non - conforming structures should not be allowed to stay Page 9