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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, September 15,2014 <br /> 6:30 o'clock p.m. <br /> Malik stated he believes they are on the subject property. <br /> Leskinen stated if the trees are on the subject property and beyond the 75-foot zone, it is out of the <br /> jurisdiction of the Planning Commission. Leskinen stated the developer is now aware of it. <br /> Landgraver commented it begs the question of why the second developer has to put in the landscaping <br /> when the other person did not have to and that the Planning Commission may not be able to do anything <br /> about it. Landgraver suggested the developer take the neighbor's comments into consideration. <br /> Leskinen stated she would have had a concern if the tree was in the fire lane,but since it is not, it is <br /> outside the scope of the Planning Commission. <br /> Berg moved,Lemke seconded,to recommend approval of Application No. 14-3689, Sven Gustafson, <br /> 2490 Carman Street, granting of a 15-foot side street setback variance subject to the conditions <br /> recommended by Staff. VOTE: Ayes 7, Nays 0. <br /> 7. #14-3690 TONKA LAKE PROPERTIES,LLC, 1565 ORCHARD BEACH PLACE(PID <br /> 07-117-23-43-0026)VARIANCES AND CONDITIONAL USE PERMIT,9:21 P.M.—9:47 P.M. <br /> Fred Johnson with Tonka Lake Properties, Applicant,was present. <br /> Gaffron stated the applicant is requesting lot area and width variances, a rear setback variance, a side <br /> street setback variance,an average lakeshore setback variance, and a conditional use permit and variance <br /> for filling within 75 feet of the lake in excess of ten cubic yards. Gaffron noted this same application was <br /> before the Planning Commission approximately one year ago and it was denied at that time. Gaffron <br /> stated this application is virtually the same proposal as last time. <br /> Gaffron noted Staff has prepared an extensive and detailed Staff report which he will not go into great <br /> depth on,but that Staff is recommending denial of all of the variances. In relation to the lake setback <br /> variance, Gaffron stated the applicants are not requesting one at this time,but in meeting the 75-foot <br /> lakeshore setback,placement of even a small residence would require substantial rear setback variances. <br /> Page 35 of 59 <br />