08-25-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 25,1997 ( #12 - Variance for David and Jodi Rahn - Continued) • Jabbour suggested no building permit be granted until the conditions to be met are known eliminating creating the problem. He said the question remaining is not whether the project should be approved but whether what was approved is what is there. Kelley responded that in that scenario, what was approved is being met. He indicated that Rahn is attempting to gain the residence within the footprint and on blocks. He feels the applicant is trying to meet what the Council wanted. Jabbour responded that removing three quarters of a house is not the same. Jabbour said he is not saying the owner should not get what the building code asks for, but the Council has to make a determination of its original intent and whether the applicant diverted from that intention. Jabbour asked Rahn when the storm occurred that resulted in damage to the fireplace. Rahn said it occurred about the time he had received application approval. Rahn said when the floor joists were opened, he determined the floor had to be elevated to be in compliance with code. Without doing this step, he would not have been in compliance. Rahn said any further delays would create a hardship for him, and he is willing to do whatever is necessary to be allowed to continue. He indicated that he disagrees that only a small piece of floor remains. • Jabbour indicated that Staff will continue to monitor the construction. Jabbour said the Council will not get involved even if it would like to. He indicated that it is Staffs duty to monitor the situation to protect the Council viewpoint. He noted that the Council would most likely not change the approval due to the need to preserve the flood plain. Jabbour moved, Peterson seconded, to approve the continuation of the construction with further removals if required to assure proper completion of the residence at that location. Jabbour said he wants Rahn to be able to remove all of the building if necessary. Flint clarified that this would meet option #2 given to the Council. Jabbour concurred. Option #2 states: "Allow work to proceed. under Resolution #3926 with further removals as deemed necessary by the building official to assure the best possible end product." Kelley asked to review the motion noting that the property is sewered, the building location is the best spot on the lot for a residence, and questioned whether this would have received a variance. He questioned whether the applicant would have received a variance if all of the building was required to be torn down. With the house being found unsatisfactory, he questioned whether the work would be allowed to continue even if the entire residence was removed. is 14