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MINUTES OF THE ORONO PLANNING COMMISSION <br />MEETING HELD ON OCTOBER 20, 1997 <br />• ( #6 - #2283 Gary and Bonnie Birnbaum - Continued) <br />0 <br />Birnbaum responded to a statement regarding his economic purposes for the proposal. <br />He indicated that the variances were in place when he purchased the property and alone <br />do not constitute a hardship. He indicated that he no longer needs the large house on the <br />one lot and is considering selling it and building on the other lot a smaller house in which <br />to reside. <br />Birnbaum said the lot could be built upon with an adequate footprint. He feels there are <br />no substantial differences from the original application and is requesting approval. <br />Bressler informed Birnbaum that a hardcover variance would be required to build within <br />the footprint. Birnbaum noted that the original resolution allowed 30% hardcover and <br />that amount has been reduced at the current level of 28.6 %. <br />During public comments, Jim Berg, 2655 Lydiard, said he supported denial of the <br />application. Janice Berg said she opposed the application in 1987. Birnbaum questioned <br />whether there was a conflict of interest on her part. Berg said there was not. Van <br />Zomeren said a conflict of interest would only exist if there was a monetary interest. <br />Lindquist said he was unaware of any monetary interest by any member of the board. He <br />noted that the Planning Commission is only an advisory body making recommendations <br />to Council that are not binding. <br />Van Zomeren informed Smith that she was unaware of the reasoning for Council <br />approval in 1987 when the Planning Commission denied the application. <br />Hawn questioned whether the sewer assessment could be refunded by the Council. Hawn <br />said she did not support the application but understood the applicant has paid assessments <br />and has a hardship. <br />Berg said the applicant in 1987 had been told the lot was not buildable. <br />Mrs. Birnbaum said the perception is an unbuildable lot is incorrect noting the lot is in <br />keeping with the other lots in the Carmen Cove area. McMillan noted the lot would be <br />allowed 1500 s.f. of structure. Van Zomeren said hardcover has to be considered as well. <br />Van Zomeren said the problem arises in that the variance was originally approved on <br />October 26, 1987 and has since expired. It is further complicated since the land is not <br />contiguous. <br />20 <br />