12-08-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 S( #5 - #2264 Janet Kiernan - Continued) Gaffron reported that the applicant was granted variances in August, 1997, for remodeling of her residence with the findings that 40% of the existing house would remain, resulting in 20% of final product being the existing house. Since that time, it has been determined that only a few pieces of original foundation remain and none of the superstructure. Work was stopped by Staff for Council direction regarding whether reconsideration should occur of application since lakeshore and side setback variances are typically not allowed for new construction. Gaffron said there is the opportunity at this time to have the property become more conforming as it appears to be a total reconstruction. Gaffron reviewed the plan noting the location of the three remaining pieces of foundation. Photographs were distributed showing the current property condition. He noted that the problem created is that too little remains of the foundation to consider the project a remodel. Gaffron asked Council for direction whether the applicant should be allowed to continue under the building permit and variances granted, or whether the house should be moved to meet side and lakeshore setbacks, or reviewed again by Planning Commission. Gaffron said the Council's first step should be to formally conclude whether the project is new construction or a remodel. Jabbour asked if Staff feels the project has gone beyond the 40% threshold as noted in the conditions of the resolution. Gaffron said he believes it has gone beyond that threshold. Christy said he understood that all are familiar with the history of the property. He noted the applicant has tried to stay within the parameters of the resolution and building permit dated 11/20/97. He said the building inspector was contacted throughout all steps. There was no attempt to do anything that was not intended. Christy said the building inspector requested the additional building demolition without considering whether this was right or wrong under the conditions of the resolution. He said the last direction given by the inspector was removal of the frost footings which were deemed inadequate. Christy said conditions were found that were not originally anticipated, but the plans are the same as far as location and structure and all facts presented. He said the only variation is to site conditions and directions of the building inspector resulting in less of original building remaining. Based on that, Christy would like to see the project continue. 0