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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, September 17,2012 <br /> 6:30 o'clock p.m. <br /> Sharratt stated if the deck is located in that area,they would be up higher and not able to see what is going <br /> on in the yard. The applicants have two little children and they would like to be able to watch them from <br /> the deck. In addition,they would have a view of the lake through the railings of the deck. <br /> Schoenzeit asked if only the deck would encroach into the setback. <br /> Curtis indicated it would. <br /> Sharratt pointed out the 10-foot setback line and noted that the lot gets narrower the closer to the street <br /> you get. <br /> Lemke asked if the erosion in the alleyway area is a concern. <br /> Sharratt stated currently water flows perpendicular to the contour line, and that what is happening is that <br /> at the upper part of the lot the runoff is okay but then it changes further down the lot. Sharratt illustrated <br /> the area where the ground is eroding, and noted that the runoff is spilling over onto the applicants' land. <br /> In order to have a yard and proper drainage,they will need to address that at some point. Sharratt noted <br /> there are also a number of very large trees in that area and that there is only a very small path through that <br /> area. <br /> Thiesse asked if the applicants are comfortable with the house being parallel with the east property line. <br /> Sharratt stated if the Planning Commission recommends that,they would find it acceptable. <br /> Chair Schoenzeit opened the public hearing at 7:08 p.m. <br /> Jim Cusack, 4140 Highwood Road, stated he has resided at his property for the last 19 years and nine <br /> years he decided to build a new home. Cusack indicated he was required to comply with a number of <br /> regulations relating to hardcover and structural coverage as well as setbacks. Cusack stated he realizes <br /> that the Musgjerds have a very small buildable area and that he does not have a problem with the 10-foot <br /> setback on the alley side and maintaining the 10 feet to the neighbors to the east, but that it is unfair he <br /> will lose his entire view of the lake. <br /> Cusack stated when he constructed his home, he had built it so there was an upper deck that is utilized <br /> quite a bit in the summer. If the house is built as proposed, his view of the lake will completely <br /> disappear. Cusack indicated he invested heavily in his property in order to construct his new home in the <br /> Orono area. Cusack noted they maintained the setback from the street and conformed on hardcover and <br /> structural coverage. If this project goes forward as planned, Cusack stated he will not have a view of the <br /> lake. <br /> Cusack noted there are five other neighbors that live across the street from the lake and that there are <br /> approximately seven people who use the easement. The easement is typically used in the wintertime by <br /> ATVs and snowmobiles. Cusack noted there is a pretty defined path that goes down there and the area <br /> has been in that condition for the entire time he has lived there and it does not appear to be getting worse. <br /> Chair Schoenzeit closed the public hearing at 7:13 p.m. <br /> Page 8 <br />