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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,May 18,2020 <br /> 6:00 o'clock p.m. <br /> about the hardcover structure lakeward from the building of the house. It's difficult that it was in existence <br /> prior to taking possession, it is meaningful to know, so he is not wanting to weigh in on that. He is willing <br /> to consider,in lieu of added structure, a parking pad next to the house,where it doesn't add structure but <br /> the hardcover gives an additional place for parking and turnaround. That might give the applicants a <br /> better ability to park safely without adding structure and further encroaching upon the road,and <br /> eliminates the need for a rear setback variance. He noted it is adding hardcover so it is not a slam dunk, <br /> and maybe removal of the deck or dock and the riprap that the Commission generally frowns upon might <br /> be one of the concessions that would be agreed upon in that application. He noted that is not what is in <br /> front of the Commission. He is not in support of adding additional structure. It makes sense,but the <br /> Commission does not grant variances based on what makes sense. <br /> Erickson moved,McCutcheon seconded,to approve the hardcover variance as submitted by Staff <br /> recommendation to enhance safety so that both neighbors can gain safe access to the busy road. <br /> Part of that variance would require the removal of the illegal hardcover near the lake. <br /> Ressler asked Erickson if the motion was for a partial approval of the application. <br /> Erickson clarified that he is voting in favor of the part of the application which the Staff is recommending <br /> for approval, and his motion does not say anything about that portion which recommends denial. <br /> Ressler asked Erickson if his motion includes allowing the structure,the dock or deck over the riprap <br /> lakeward,which was shaded in pink on the map being displayed, and the walkway that goes up to it. <br /> Erickson stated that was part of his motion. He is following Staff recommendation to require removal of <br /> that material,as it is illegally placed. He stated that would be an appropriate condition of the hardcover <br /> variance for the other portion of the property. He is not saying anything about the garage addition. He is <br /> leaving that door open for further discussion of a second motion. <br /> Ressler stated he is not in favor of supporting the motion because that is not the application but more <br /> Staff's feedback. His position is that instead of redesigning what is approvable,the Commission provides <br /> the feedback of denial based on the current application. That would allow the applicant to go forward to <br /> the City Council and perhaps they could amend their application by that point. He pointed out there is a <br /> motion and a second and asked if there was any further discussion. <br /> Erickson stated at the end of the Planning Staff report it said, "Planning Staff recommends denial of the <br /> setback variance for the garage addition.However, Staff recommends approval of the hardcover variance <br /> to permit 504 square feet of hardcover for new driveway and parking pad conditioned upon the removal <br /> of the unpermitted deck and flat paver walkway at the lake and the walkway converted to be a non- <br /> hardcover surface."He said he believes his motion parallels the Staff recommendation as far as that <br /> portion which Staff recommends approval of, and it leaves the door open for further discussion on the <br /> other part which the Planning Staff recommends denial of. <br /> Ressler asked Barnhart to weigh in on the issue,noting his understanding is that is not the application in <br /> front of the Commission,it is more the feedback of what would be agreeable to Staff and perhaps the <br /> City. He asked Barnhart to clarify Staff's recommendation. <br /> Page 15 of 29 <br />