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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, November 18, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 28 of 46 <br /> <br />they are requesting roughly 10 feet for the 20.9-foot rear yard setback. They are allowed the 30.7 for the <br />deck structure. <br /> <br />Gettman asked whether the deck and stairs were already built. <br /> <br />Oakden stated they were built with the house. It was reviewed as part of the as-built survey that the stairs <br />itself were not permitted, so the applicant chose to go through the variance process to request them. She <br />believes if the variance is not allowed, the stairs will not be permitted. <br /> <br />McCutcheon noted the property owner is in a large zoning district and they are the oddity with the smaller <br />lot but the neighbors already have detached garages within the setback. <br /> <br />Mr. Jim Cleary, 4109 North Shore Drive, the home builder, stated he got a variance for the backyard <br />setback. The homeowners bought the house before it was finished. They asked him to put stairs on the <br />deck and so he did. He was later informed upon inspection the deck stairs did not conform. At that time, <br />he said he had a variance for the backyard setback; they said no, that was to the back of the deck. Mr. <br />Cleary would like to get the homeowners the variance because they have two dogs that access the <br />backyard as well as the deck is far enough off the ground where they can't jump. The homeowner has <br />completely fenced off the backyard, so none of the neighbors can see the stairway or the deck. <br /> <br />Gettman asked if there was any reason why he couldn't put the stairs off to the side instead of coming <br />straight off the back. <br /> <br />Mr. Cleary said he could have but chose not to because it would block off the windows, which is the only <br />light into the finished lower level. <br /> <br />Gettman asked whether, if the stairs were put in the other direction, it would have been impacted by the <br />other setback. <br /> <br />Mr. Cleary stated they could not, that there was not enough room on the side yard. <br /> <br />Chair Ressler opened the public hearing at 9:14 p.m. <br /> <br />There were no public comments relating to this application. <br /> <br />Chair Ressler closed the public hearing at 9:14 p.m. <br /> <br />McCutcheon stated he lives close to the area and he has a 2-acre lot with the same setback, but it is a <br />small lot in an odd district and he sees the practical difficulty. If they were in another district, it would not <br />be a problem. He feels they are a victim of position. <br />