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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,November 16,2020 <br /> 6:00 o'clock p.m. <br /> mirroring of the variances but are not exactly the same. 3)Is the proposal exceptional or extraordinary <br /> due to circumstances not at the result of the applicant? The applicant is not creating the hardship or the <br /> uniqueness to the property and again, Barnhart noted Orono uses these criteria quite a bit in their variance <br /> applications. 4)The expansion would not adversely affect or alter the central character of the <br /> neighborhood? 5)The expansion requested is at the minimum needed to grant relief? This is what <br /> Mound uses; they have an ordinance in place and this spoke a bit about the Commissioner's comments <br /> about the solar ray variance...is the 70%the maximum and they were asking for 83%. Those are the kind <br /> of criteria they could put into a variance process like this. He is anxious to hear if the Planning <br /> Commission has any red flag comments and he would like to receive those. Perhaps they can schedule a <br /> work session in January or February to articulate those and put them together in a draft that the <br /> Commissioners can react to early next year. He wanted to introduce this to the Commissioners before the <br /> holidays so they can start thinking about this as it is relatively unique for Orono and may be a good <br /> opportunity to alleviate some of the process and the Commission's workload and alleviate some of that <br /> through a different means. <br /> Gettman said the only thing that seemed to be missing was the earth moving, and maybe there is an <br /> opportunity for Staff to have some flexibility on the earth moving; if a certain amount of dirt is required <br /> to bring in or remove from the property could be added to this list. <br /> Barnhart noted it could be added and they changed the grading and land alteration process quite a bit, but <br /> he does not think they will see as many of those interim use permits as they would have in the past. <br /> Gettman said other than that, this is commendable. <br /> Kirchner asked if they adopt some criteria, what would be the lifespan of this, he would assume it would <br /> be much like any other ordinance and would go into effect until at some point it is up for review. <br /> Barnhart replied if the Commission were to adopt an ordinance that incorporates or adds or creates a <br /> process,that ordinance would be in place until they removed it. <br /> Kirchner noted one of his red flags is that it would be a representation of this Commission that is <br /> currently seated here tonight, and this Commission changes over time. He thinks putting a hard and fast <br /> rule on something that is there until they receive some pushback or is up for review, or whatever the case <br /> may be; he would struggle for this Commission to come up with the criteria,to suggest it and have it be a <br /> direct representation of these Commissioners sitting here only. <br /> Barnhart noted it would not just be the Commissioners,but also the Council. <br /> Kirchner said it is the Council seated and the Planning Commission seated today that would come up with <br /> those criteria. <br /> Barnhart said that is the case for every ordinance they have ever approved—that Council and that <br /> Planning Commission supported that proposal and it could be changed at any time in the future. <br /> Kirchner said of the examples Barnhart gave from Mound, is there any idea in the last 6 months what <br /> percentage of the variances the Planning Commission has seen would have been eliminated. <br /> Page 20 of 23 <br />