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• ORONO PLANNING COMMISSION MEETING <br />MINUTES FOR SEPTEMBER 15, 1997 <br />( #4 - #2298 Conley Brooks, Jr., and John Brooks - Continued) <br />Smith voiced concern with this land acquisition making Brooks' property more buildable. Hawn <br />noted the peninsula was located in the 0 -75' setback. Gaffron said it could be a concern in a different <br />arrangement but not in this case due to the setback and lakeshore. <br />Schroeder asked if the motion should include a scenic easement which will benefit the property <br />owner of 980 West Ferndale and Robert Floyd. <br />Floyd noted that the covenants do not address the maple trees located on the tip of the point. Brooks <br />said he does have the scenic easement already and is willing to move the maple trees. Schroeder <br />noted that no easement would be required if he owns the property. <br />The special lot arrangement was explained. <br />Vote: Ayes 4, Nays 3, Lindquist, Smith, and Berg. Berg said she is concerned with setting a <br />precedent. Lindquist said the proposal is inconsistent with the Comprehensive Plan and the property <br />is not contiguous. <br />•ACTION ITEMS <br />• <br />( #6) GARY AND BONNIE BIRNBAUM, 2695 KELLY AVENUE - VARIANCES - PUBLIC <br />HEARING 10:21 -10:31 P.M. <br />The Affidavit of Publication and Certificate of Mailing were noted. <br />The Applicant was present. <br />Van Zomeren reported that the application is a request to renew a variance which has elapsed. Lot <br />width and lot area variances are required to allow the lot to be considered buildable. The 1.14 acre <br />property is located in the LR -1B, one acre, Zoning District. Van Zomeren reported the applicant had <br />indicated via a phone conversation earlier in the day that the survey that was submitted showed <br />inaccurate hardcover calculations as the concrete patio and other hardcover has been removed. Van <br />Zomeren said Staff recommends re- enactment of the previous variances subject to conditions noted <br />on page 5 of the memo. <br />22 <br />