05-13-2013 Council Minutes - Laserfiche WebLink

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MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,May 13,2013 7:00 o'clock p.m. � (6a. #13-3599 HOMETIME VIDEO PUBLISHING(DEAN JOHNSOI�, 80 CREEK RIDGE PASS—ATF VARIANCE—RESOL UTION NO. 6227, Continued) Curtis indicated November was when the excavation started and the problem with the sewer line was discovered. Dean Johnson,Applicant, indicated it was somewhere around the end of November, and that due to the weather,they were under the gun to complete the foundation. The excavator began digging the hole and discovered some water. It appeared to be a line of gravel that filled up with water. The next day it was running again and gurgling. The excavator lightly dug the top of the soil away and that is when the broken line was discovered. Scott Oberainger from Public Works then visited the site and they found that the sewer line was approximately seven feet from the house and veering toward the back corner of the house. By pivoting the house, it would be out of the way. Johnson indicated he also owns the adjacent property and that he does not have a problem with the house being within the setback. They plan on planting a number of trees between the two lots to help screen the house. Johnson commented in his view the solution arrived at was a win/win solution for everybody. Printup asked if there has been another occasion where Staff has allowed building to proceed before bringing an after-the-fact variance to the City Council. Curtis indicated not to her knowledge. McMillan asked who installed the sewer line. Curtis indicated it was the contractor for the developer. Gaffton stated back in 2005,the sewer and road construction began for this development. Gaffron indicated he has looked through the City's archives but has not been able to find the inspection sheets. At this time it is Staff s assumption that it was inspected by either the Public Works Director or Bonestroo. McMillan asked if the City had GPS at that time. Gaffron indicated they did not. Gaffron stated that this is one of those situations where Staff felt they needed to address the problem immediately and arrive at a solution. In hindsight Staff would have let the Council know about the situation. Gaffron noted the City did not have a Planning Commission meeting in December and only one City Council meeting in December, which would not have allowed the appropriate notice to be given. The developer knew from the start that he would need to apply for an after-the-fact permit. Gaffron acknowledged that notice to the Council was lacking in this case but that in his view Staff made the right decision at the time. McMillan commented this is an unusual situation. Gaf&on concurred that this was an unusual situation and not something that Staff had come across before. Levang stated she has a concern for the adjacent properly since the Planning Commission minutes reflect that Mr. Johnson will probably need a variance on the adjacent property since it is practically unbuildable. Page 4 of 26