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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,February 18,2014 <br /> 6:30 o'clock p.m. <br /> As shown in the survey, the proposed new fence does meet a 10-foot structural setback for the most part <br /> from the property line. The variance for the fence at this height in this location may not be necessary. <br /> Staff conducted a file review of past fence height variance requests and found that fence variances have <br /> rarely been granted. <br /> The Planning Commission should consider the visual and other impacts of the proposed 8-foot fence from <br /> the point of view of the church property and from off-site, such as from the public roads, and weigh that <br /> against the applicants' desire to provide a barrier between their property and the church's seasonal <br /> wedding activities. <br /> If the Planning Commission concludes that the applicants have demonstrated a practical difficulty and <br /> that there are no suitable alternatives to an 8-foot fence, such as vegetative screening, and that the visual <br /> impacts and other impacts of the fence will not be negative for the surrounding properties or as viewed <br /> from roads or other public areas, then a recommendation for approval would be appropriate. <br /> Schoenzeit asked how the area is zoned. <br /> Curtis indicated it is LR-1A, lakeshore residential two-acre zoning. Curtis indicated the church is an <br /> allowed conditional use in a residential zone. Churches and schools are institutional uses that are <br /> permitted in residential districts by conditional use permit. <br /> Schoenzeit asked if it is allowed even with commercial activity. <br /> Curtis stated it is operating under a conditional use permit as a church and churches typically hold <br /> weddings. <br /> McGrann asked if receptions versus weddings are separated. <br /> Curtis indicated they are not separated. <br /> Thiesse asked if it is encroaching on the other properties. <br /> Curtis indicated the improvements of the church do encroach on the McCarthy property. As it relates to <br /> the timing of the lot line arrangement and encroachments, Staff did not research when those patios were <br /> constructed and when the properties were subdivided. <br /> Schoenzeit asked if all the improvements on the church property were done with building permits. <br /> Curtis indicated Staff did not look into that. In talking to the building official about exterior stairs, he has <br /> indicated technically the code requirement is for ingress and egress within a home. Curtis stated it is <br /> always Staff's recommendation that a railing be put on a stairway but if it is not an ingress or egress <br /> staircase, it is not a building code requirement. <br /> Schoenzeit asked if there are weekly church services on the property. <br /> Curtis indicated the sign on their property indicates that they do. <br /> Page 2 of 11 <br />