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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, May 13, 2013 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />   Page 4 of 26   <br />(6a. #13-3599 HOMETIME VIDEO PUBLISHING (DEAN JOHNSON), 80 CREEK RIDGE <br />PASS – ATF VARIANCE – RESOLUTION NO. 6227, Continued) <br /> <br />Curtis indicated November was when the excavation started and the problem with the sewer line was <br />discovered. <br /> <br />Dean Johnson, Applicant, indicated it was somewhere around the end of November, and that due to the <br />weather, they were under the gun to complete the foundation. The excavator began digging the hole and <br />discovered some water. It appeared to be a line of gravel that filled up with water. The next day it was <br />running again and gurgling. The excavator lightly dug the top of the soil away and that is when the <br />broken line was discovered. Scott Oberainger from Public Works then visited the site and they found that <br />the sewer line was approximately seven feet from the house and veering toward the back corner of the <br />house. By pivoting the house, it would be out of the way. <br /> <br />Johnson indicated he also owns the adjacent property and that he does not have a problem with the house <br />being within the setback. They plan on planting a number of trees between the two lots to help screen the <br />house. Johnson commented in his view the solution arrived at was a win/win solution for everybody. <br /> <br />Printup asked if there has been another occasion where Staff has allowed building to proceed before <br />bringing an after-the-fact variance to the City Council. <br /> <br />Curtis indicated not to her knowledge. <br /> <br />McMillan asked who installed the sewer line. <br /> <br />Curtis indicated it was the contractor for the developer. <br /> <br />Gaffron stated back in 2005, the sewer and road construction began for this development. Gaffron <br />indicated he has looked through the City’s archives but has not been able to find the inspection sheets. At <br />this time it is Staff’s assumption that it was inspected by either the Public Works Director or Bonestroo. <br /> <br />McMillan asked if the City had GPS at that time. <br /> <br />Gaffron indicated they did not. Gaffron stated that this is one of those situations where Staff felt they <br />needed to address the problem immediately and arrive at a solution. In hindsight Staff would have let the <br />Council know about the situation. Gaffron noted the City did not have a Planning Commission meeting <br />in December and only one City Council meeting in December, which would not have allowed the <br />appropriate notice to be given. The developer knew from the start that he would need to apply for an <br />after-the-fact permit. Gaffron acknowledged that notice to the Council was lacking in this case but that in <br />his view Staff made the right decision at the time. <br /> <br />McMillan commented this is an unusual situation. <br /> <br />Gaffron concurred that this was an unusual situation and not something that Staff had come across before. <br /> <br />Levang stated she has a concern for the adjacent property since the Planning Commission minutes reflect <br />that Mr. Johnson will probably need a variance on the adjacent property since it is practically unbuildable. <br /> <br />Item #02 - CC Agenda - 05/28/2013 <br />Approval of Council Minutes 05/13/2013 <br />[Page 4 of 26]