08-25-1997 Council Minutes - Laserfiche WebLink

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AMNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 25, IM ( #I8 - Appeal of Administrative Decision for Drainfield Location - Continued) • Goetten noted that a building permit would not be issued until the decision regarding amending the shoreland ordinance was finalized. Mrs. Eastman noted it will be expensive to replace the system no matter where it is located. Kelley noted that the Eastman will eventually have to comply with the requirement fora new system and should be sure to inform a future buyer of the system's non - conformity. Staff was directed to begin the process of changing the ordinance. Mike Schulte, said he lives within a couple of miles of the Eastman. He said the Council has failed to see that the Eastmans had been notified that their property was substandard when they purchased it and it resulted in their purchasing additional property. If they had not purchased the additional property, Schulte said the new system would have been placed in the experimental area where they requested it to be located. They also would not have been required to have a variance. Jabbour clarified that the additional land was bought to bring their ,lot into conformity to standards, and they would otherwise not have had to go through this process. Schulte said he feels they should not have been required to do so. Jabbour informed him the Council must look at the land that is owned. He indicated that the Eastman acted in the spirit of Orono. • Schulte said the trigger to bring this issue to the forefront should have occurred earlier. Jabbour indicated that the title opinion should have presented the issue, but it is not the City's responsibility to report it. Schulte said the shed should have triggered it. Mrs. Eastman confirmed that a shed permit was taken out in 1995, and the survey done at that time indicated an addition was planned. Jabbour indicated that the prior owners were informed that they were to have conformed with a new system by December, 1995. He suggested the issue could be deferred at this time. Kelley noted that the Council was attempting to save the Eastman the money that would be spent on a new system at this time if they are willing to go through the process to change the ordinance. Mrs. Eastman reported there were foundation problems that need to be resolved as soon as possible and were planned for repair during the addition. Council suggested the Eastmans work with Staff regarding these issues_ CJ 2s