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through the public hearing and review process. Siegel concurred with Johnson that a variance not an ordinance interpretation was the correct option. This house already had rights other did not because it burned down. It could not be built today as it exceeded current allowed conditions. Dauber concurred with Johnson and Siegel. Hubbard too concurred with Dauber, Johnson and Siegel noting that this project was significantly different than the original house and the variance process would be the best way to deal with it. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to uphold the Planning Director's interpretation of the Town's Code stating the following: nonconforming height and setbacks of demolished structures may only be retained if the structure is rebuilt substantially in the same location as the original structure, and that any new development outside of the original footprint would require compliance with current Code provisions for height and setback. AYES: Mayor Hubbard and Councilmembers Dauber, Johnson and Siegel NOES: Mayor Pro Tem Casey 6.2 Request for an Extension of Reimbursement Agreement for Sanitary Sewer The City Manager noted that the Town had entered into an agreement in 1977 with Donald and Beverly Robles (now Beverly Lewis) for reimbursement of a portion of the costs for the sanitary sewer main which they installed for their development. According to this agreement, the Robles would be reimbursed by residents connecting to the sewer line during the twenty year period of this agreement. At this time Mrs. Lewis was requesting a five-year extension of this agreement. The City Manager reported that in recent years such agreements were approved for a period of ten years which was considered to be a reasonable amount of time for reimbursement as well as administration by the Town of the agreement. Staffs recommendation, therefore, was to deny the claim. Beverly Lewis, applicant, explained her request for an extension, noting that Lot 1 hooked up to the sewer seventeen years into the agreement. She did not believe this would be precedent setting as there had been no other such requests. Siegel commented that such lengthy agreements were quite difficult to manage. He recommended that standards be outlined in the Town's Code for the length of time for such agreements. Dauber and Hubbard stated it should be fair for all residents and these agreements should not be extended for some and not all. Casey doubted this would be a major issue or precedent setting. She believed most residents would hook up to the sewer line in the amount of time allowed. 14W February 19, 1997 Regular City Council Meeting