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ORONO PLANNING COMMISSION MEETING <br /> MINUTES FOR JULY 19, 1999 <br /> • (#1) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD -VARIANCES AND CONDITIONAL <br /> USE PERMIT—continued <br /> Dzurik stated if the conditional use permit is a problem, they would be willing to revise the plan to <br /> allow for a smaller walkout as currently exists in an effort to minimize the amount of excavation needed. <br /> Hawn stated in general she agrees with Dzurik's statement, but that normally the Planning <br /> Commission does not permit grading within 75 feet of the lakeshore. <br /> Smith noted that under City Staff's recommendations they do not find a hardship to allow for <br /> 30 percent hardcover in the 75-250'setback in addition to the hardcover being requested within <br /> 75 feet of the lake. Smith commented that she generally is in favor of the application. <br /> Lindquist stated that due to the lakeshore that exists on both sides, some variances are needed. <br /> Lindquist commented that overall structural coverage is within the required 15 percent, and that he <br /> is not aware of how the hardcover could be further reduced. <br /> Stoddard inquired whether the hardcover would fall under 25 percent if there was only one <br /> lakeshore setback. <br /> Weinberger stated that it would not be under 30 percent. <br /> Smith inquired what the 11 percent hardcover in the 0-75'setback consists of. <br /> Weinberger stated that was the portion of the house encroaching into the 75'setback. <br /> • Boynton commented that he relocated the residence to keep it in line with the neighbors. <br /> Stoddard stated that it is unfortunate the Applicant had to appear before the Planning Commission so <br /> many times in order to get this application approved, but that certain conditions must be met before <br /> approval can be given. <br /> There were no public comments. <br /> Smith noted that the proposed hardcover is less than what is currently existing. <br /> Weinberger stated that typically with a rebuild, it is treated as new construction. <br /> Boynton asked for clarification of a rebuild. <br /> Weinberger stated when an old structure is removed, the lot is treated as new construction and <br /> is generally held to City standards unless some type of hardship is demonstrated. <br /> Boynton commented that he has attempted to comply with the Planning Commission's directions <br /> as best as possible, and in his opinion this plan is acceptable. <br /> Lindquist moved, Nygard seconded, to recommend approval of Application #2410, <br /> 1973 Fagerness Point Road, permitting a variance to hardcover in the 0-75' setback and <br /> in the 75-250'setback as proposed, a variance to the 30 foot setback from the street to <br /> allow the garage,variances to lot area and lot width, and denial of the conditional <br /> use permit for land alteration in the lakeshore setback,with the understanding that the <br /> grade will remain as presently exists. The Planning Commission finds that a hardship <br /> does exist for lot area, lot width and the 75 foot lakeshore setback due to the two lakeshore <br /> III setbacks and the minimal amount of land available for a residence to be constructed on. <br /> VOTE: Ayes 7, Nays 0. <br /> 2 <br />