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� ` MINUTES OF THE � ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (# -3435 LOREN AND STACEY SCHOENZEIT,4480 FOREST LAKE LANDING, CONT.) Chair Kan closed the public hearing at 8:28 p.m. Kang stated she i � agreement with the applicant and encouraged the applicant to be se tive to the privacy concerns of t neighbors. Rahn stated it is in everyon 's best interests to provide some privacy screening t that in his view it is not necessary to make that a c dition of approval as part of this application �nce the residence does not encroach into the setbacks. Schoenzeit stated he would like to negot' te with the City on the loc ion of the easement. If that piece of land is given up,they will need to wark wit he City to find a s � able location for the geothermal wells that they would like to utilize. Curtis stated it can be a recommendation by the Plann� Commission and that the City Engineer will need to look at it as well as the City Council. Schoenzeit stated they would like to work with e City on a su ble alternate location. Rahn noted the sewer line does not only rvice the Schoenzeit prope Schoenzeit indicated it should be n ed that the sewer is located on their pro �today without a easement. They would like to e sure that they can completely utilize the pr erty the way the ave designed their project. � Rahn moved, Kang se nded, to recommend approval of Application #09-3435,Lor and Stacey Schoenzeit, 4480 F est Lake Landing,granting of a lot width ��ariance, a lot area vari ce, a side yard setback var' nce, a rear yard setback variance, and hardcover variances,with the understandin he applicants will work with the City in coming up with an equitable easeme across this roperty. VOTE: Ayes 5, l�ays 0. 6. #2009-00730 THOMAS AND VIRGINIA SMITH, 2105 SUGARWOOD DRIVE, REQUEST FOR WAIVER OF SUGAR VVOODS COVENANTS, 8:35 P.M.—8:48 P.M. David Steingas, Steiner&Koppelman, was present. Curtis stated the applicant is requesting the requirements ar standards of the covenants of the Sugar Woods development be waived. The first involves removal of trees greater than 2 inches diameter within the required yards. The second involves grading within the required yards. A special review procedure was established by the City in dealing with requests of owners who are unable to meet the special standards agreed upon by both the City and developer Sid Rebers in the early 1990s for the Planned Residential Development of the Sugar Woods subdivision. The Smith application is a request to allow grading within the protected area, to help solve the drainage problems on the site, within the "no grading zone/woodlands protection area,"i.e., in the setback areas defined within each lot. _ Page _ _ _ _ __ __ _ _ __ _. 15