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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 13, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 26 (6a. #13-3599 HOMETIME VIDEO PUBLISHING (DEAN JOHNSON), 80 CREEK RIDGE PASS – ATF VARIANCE – RESOLUTION NO. 6227, Continued) Due to these constraints and the extraordinary circumstances presented by the sewer line location, Staff concluded it would be unreasonable to hold up this project. Based upon the reasons cited in Staff’s memorandum, the builder was advised that he could proceed with the project by pivoting the home away from the sewer line to maintain the necessary 10-foot separation from it but would have to make an after- the-fact variance application. The variance would be for a minor encroachment of the required 30-foot setback on the opposite side of the house. Staff’s conclusion was that this was a proper course of action. The after-the-fact variance application and survey were submitted on May 19th. This after-the-fact variance is not considered to be a violation unlike other after-the-fact variances, which are considered to be code violations. Staff did not provide a strict submittal timeline for the builder. This explains why the variance hearing was not held until the April Planning Commission meeting. The Planning Commission voted 5 to 0 to recommend approval of the setback variance. Following the Planning Commission’s review, Staff required the builder to submit a survey showing the actual location of the sewer line prior to moving the variance forward to the City Council. When the survey arrived, Staff was surprised that it did not show the expected bend or offset in the sewer line. It turned out the surveyor merely sighted between manholes and did not re-dig the sewer line to survey it directly. As a result, Staff does not know the exact as-built location of the sewer line. At this point Staff has to rely on the verbal/visual reports from Public Works Staff and the builder that the pipe was located too close to the house. This situation has brought to Staff’s attention the need to define a more effective process when such unforeseen predicaments present themselves. Ideally, and in the future, Staff will bring the situation to Council’s attention immediately and advise them of the decisions being made at a Staff level. When lines are exposed in the future for repairs, etc., public works plans to utilize our City GPS unit to get an accurate in the field locate for our utility. In this particular case, it would have been of value to have the exact location of the pipe verified by the surveyor while the pipe was exposed before the owner is given a go-ahead in order to confirm the basis for the decision. Staff recommends approval of the after-the-fact side setback variance allowing the 6-foot encroachment into the 30-foot side yard. Levang asked why this did not appear before the Planning Commission sooner since this happened in November. Curtis indicated the application was not looked at as a violation and Staff did not put the additional pressure on the builder as they typically would under different after-the-fact situations. Staff worked with the builder to make sure they submitted an application for an after-the-fact application and things were delayed slightly because the builder was out of the country. Once Staff received the as-built survey, the builder made the application for the after-the-fact permit. McMillan asked when construction the house started. Item #02 - CC Agenda - 05/28/2013 Approval of Council Minutes 05/13/2013 [Page 3 of 26]