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0 <br />0 <br />MINUTES OF THE ORONO PLANNING COMMISSION <br />MEETING HELD ON OCTOBER 20, 1997 <br />( #5 - #2310 Dick Bury - Continued) <br />Lindquist moved, Hawn seconded, to deny Application #2310 based on non - conformance <br />with code due to outside sales. Vote: Ayes 6, Nays 0. <br />Schroeder informed Bury that the application could be taken to the Council for their <br />review. <br />( #6) #2283 GARY AND BONNIE BIRNBAUM, 2695 KELLY AVENUE - <br />RENEWAL VARIANCES - PUBLIC HEARING CONTINUED 9:32 -9:58 P.M. <br />The Applicant was present. <br />Bressler informed the Commission that the variance renewal application was tabled at <br />their last meeting in order for a new survey to be submitted. He reported there were two <br />lots of record with Lot 1 deemed a separate building lot. Variances are required for <br />hardcover, lot area, and lot width. <br />Bressler reported that the issue of concern is that the lot is no longer contiguous. The two <br />lots together are one acre in the one acre zoning district. The two lots together meet the <br />100' width. Lot 1 by itself does not meet lot area or lot width requirement. The lot is .38 <br />acres. The new lot calculation is .50 acres. <br />Bressler noted that the Planning Commission in 1987 denied the application but the <br />Council approved it. Staff recommends denial of the application at this time and directs <br />the lots be legally combined. <br />Gary Birnbaum said the recommended change was made after the survey was submitted <br />and based on error. He indicated that the first 13 findings in the 1987 resolution have not <br />changed. Regarding the erosion that has taken place, finding 3 notes the lot is <br />undeveloped but was assessed for sewer and water. Finding 4 notes the lots are <br />independent parcels and taxed separately. Finding 5 reports the individual access for Lot <br />1. Finding 6 references the character of the neighborhood. He noted the majority of lots <br />in the area were .2 to .4 acres. Birnbaum said the erosion of the point is irrelevant to the <br />building lot affecting only 1 /100 acre. <br />Birnbaum said there are no drainage problems. He read the finding #13 of the 1987 <br />resolution, noting the peculiarities of this property and their keeping with the spirit and <br />intent of the Comprehensive Plan. Birnbaum said nothing has changed from this <br />resolution based on the erosion that has occurred. <br />19 <br />