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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,May 18,2020 <br /> 6:00 o'clock p.m. <br /> Bollis moved,Gettman seconded,to recommend approval of Application No. LA20-000021 Jeff <br /> Brady,350 North Shore Drive West,variance. Roll Call Vote: Ayes 7(Libby,Erickson, <br /> McCutcheon,Bollis, Gettman,Kirchner,Ressler),Nays 0. <br /> 2. LA20-000024 JAY NYGARD, 1380 REST POINT ROAD,LOT AREA,LOT WIDTH, <br /> HARDCOVER,AND SIDE YARD SETBACK VARIANCES,6:16 P.M. - 7:04 P.M. <br /> Jay Nygard,Applicant,was present. <br /> Staff presented a summary of packet information. <br /> McCutcheon noted in the pictures there is a stake next to what he assumes to be the boathouse. He is <br /> assuming that is one foot away from it and assumed the wood stakes with the yellow are the proposed. He <br /> asked if the clump of trees pictured are considered to be on the east or west property. <br /> Barnhart said he would defer questions about the pictures to the applicant. <br /> Ressler stated,based on the City Attorney's comments that were provided, it sounds like ruling it on the <br /> basis that it was requested would require it to be awarded in Court only. He asked if that was something <br /> that the Planning Commission could provide in the Planning Commission setting, or was it only available <br /> through the legal process. <br /> Barnhart advised that the Commission should focus its analysis and review based on the standards for <br /> variance of the doctrine by practical location. He said he thought that was a decision that came from a <br /> Court system versus a City action. <br /> Jay Nygard, 1380 Rest Point Road,referenced the question regarding"boundary by practical location" <br /> and stated that is a legal doctrine, it is not a law. He said doctrines are developed in the legal culture in <br /> order to help guide proper decisions, which is why he brought it up, because he is basing the application <br /> on the legal doctrine to better help the Commission understand why he is trying to do this. He is trying to <br /> do this because the best practical location to put the boundary is at the crest of the hill from the street <br /> down. He knows it changes a little bit when it gets to the boathouse, but he tried to follow the crest of the <br /> line the best he could.As far as the root structures of the trees on the line,they are on both properties <br /> because root structures are as big as the tree umbrella. He said when he was on the Planning Commission <br /> and City Council,he visited every property when something came up and it was important for him to see <br /> the property personally, because pictures and Staff can't always tell someone the whole story. He asked if <br /> anybody got the chance to look at the property. <br /> Libby and Bollis indicated they did. <br /> Mr.Nygard said he was disappointed because he felt Barnhart misrepresented what is going on and it is a <br /> lot easier to see things in person. He indicated Barnhart is saying they are increasing hardcover on the <br /> property, and that is not the case.They removed an illegal driveway turnaround and an illegal fence on <br /> the property to bring the property into compliance, which totaled 270 square feet. Those were removed <br /> before he had the surveys done, so those are not included in the surveys. City Hall may have a survey <br /> which would include those things. On the last page he included a map showing they removed 270 feet of <br /> hardcover on the property,all of it being illegal hardcover. After removing that 270 feet, it reduced the <br /> hardcover from 29 percent to 28 percent overall to the property, even with the boundary shift. As a <br /> Page 3 of 29 <br />