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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 13, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 26 PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *5. #13-3598 WILLIAM AND CYNTHIA BOWMAN AND MICHAEL SOWADA, OUTLOT A, WILLOW HILL (2300 WILLOW HILL DRIVE AND 450 WILLOW DRIVE SOUTH) – LOT LINE REARRANGEMENT – RESOLUTION NO. 6226 Anderson moved, Printup seconded, to adopt RESOLUTION NO. 6226, a Resolution Approving a Subdivision of a Lot Line Rearrangement for the properties located at 2300 Willow Hill Drive and 450 Willow Drive South. VOTE: Ayes 5, Nays 0. 6a. #13-3599 HOMETIME VIDEO PUBLISHING (DEAN JOHNSON), 80 CREEK RIDGE PASS – ATF VARIANCE – RESOLUTION NO. 6227 Dean Johnson was present. Curtis stated in November of 2012, a building permit was issued for the new home at 80 Creek Ridge Pass. While the builder’s excavator was digging the area for the home’s foundation, they encountered what appeared to be slowly running/leaking city sanitary sewer line underground that had been previously been worked on by a different contractor. Upon further investigation, it was determined to be a city sanitary sewer line that had been crushed prior to the recent construction activity. The builder then contacted the City on November 29th and Public Works staff visited the site. Upon inspection, it appeared the sewer line was not centered within the utility easement as had been expected but appeared to angle off to the south toward the proposed home’s foundation. The apparent location of the existing sanitary sewer line and the proposed home location would not allow for the required 10-foot separation between the foundation and the sewer line. The builder contacted Planning Staff after having a meeting on site and discussions with Public Works Staff. It was concluded in the field that the pipe was not where it was expected or supposed to be. The solution posed by the builder was to pivot the home 7.8 feet in the rear to move it ten feet away from the sewer line rather than revise the house plans or move the sewer line. This pivot would result in a 37.8 foot setback on the northwest side and a 24-foot setback on the southeast side where 30-foot setbacks are required. The builder is the owner of the subject property and the adjacent property at 90 Creek Ridge Pass, which is the property affected by the reduced setback. Planning Staff met to discuss the builder’s options and the next steps that should be taken in order to provide direction to the builder. The sewer line discovery posed a timing problem for the builder as it was discovered at the end of November after the building permit had already been issued and excavation begun. Since there was no Planning Commission meeting in December and insufficient time to publish for a City Council meeting in December, no formal action was likely to occur until mid-January at the earliest. The likely six to eight week delay would make excavation and foundation construction more difficult due to the weather, as well as greatly affect Hometime Video’s production schedule. Item #02 - CC Agenda - 05/28/2013 Approval of Council Minutes 05/13/2013 [Page 2 of 26]