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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,July 21,2014 <br /> 6:30 o'clock p.m. <br /> The applicants had nothing further to add to Staff's report. <br /> Chair Leskinen opened the public hearing at 6:56 p.m. <br /> There were no public comments regarding this application. <br /> Chair Leskinen closed the public hearing at 6:56 p.m. <br /> Leskinen noted the Planning Commission had thoroughly reviewed this application earlier this year and <br /> that her only question relating to the application was regarding the reconfiguration of the deck. <br /> Schoenzeit commented he would almost characterize the application as a housekeeping matter. <br /> Thiesse stated the Planning Commission is not interfering with the intent of the average lakeshore setback <br /> ordinance. <br /> Leskinen noted there are no views that will be obscured as a result of this project. <br /> Schwingler moved,McGrann seconded,to recommend approval of Application No. 14-3655 Joe <br /> and Donelle Feldmann,805 Forest Arms Lane,granting of an average lakeshore setback variance. <br /> VOTE: Ayes 7,Nays 0. <br /> 4. #14-3675 RYAN AND STACY ALNESS,XXX ELMWOOD AVENUE/PID 07-117-23-11- <br /> 0027,VARIANCES,6:58 P.M.—8:15 P.M. <br /> Ryan and Stacy Alness, Applicants, were present. <br /> Gaffron stated in front of the Planning Commission are some additional items that were submitted today <br /> and late Friday, including the practical difficulty document, a letter from the adjoining residents, and also <br /> a letter from Glen Soley, another nearby neighbor. Gaffron noted the notification process for the hearing <br /> tonight was slightly flawed in that the applicants provided a plat map and property owner list that only <br /> reflected their property along North Arm Drive and did not reflect the lakeshore lot. Those neighbors <br /> received notice of the hearing over the weekend. The City Attorney has suggested that is not something <br /> that will void this process. <br /> Gaffron stated the applicants are requesting approval for an average lakeshore setback variance and a <br /> structure height variance to allow construction of a residence on the substandard vacant lot. The lot is <br /> located on the lake. Currently that lot is subject to a Special Lot Combination Agreement which ties it to <br /> the applicants' off lake property. For purposes of the review tonight, Staff will be looking at the variance <br /> application as if the Special Lot Combination Agreement is not in effect. <br /> The applicants' request for subdivision approval to separate this lakeshore parcel from their off-lake <br /> parcel was denied last fall. The applicants subsequently filed a lawsuit asking the Court to compel the <br /> City to terminate the Special Lot Combination Agreement. The lawsuit is on hold by agreement between <br /> the City and the applicants in order to determine what variances might be needed to construct on that lot. <br /> The Planning Commission is tasked tonight to make recommendations on whether there are sufficient <br /> practical difficulties to support the variances being requested. Gaffron stated while the lot is functionally <br /> not buildable unless an average setback variance is approved, Staff does not support the height variance. <br /> Page 7 of 30 <br />