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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,April 18,2022 <br /> 6:00 o'clock p.m. <br /> Eric Zehnder,Zehnder Homes, 10300 Tenth Ave N,Plymouth,noted they are not proposing the 11 foot <br /> difference in the Staff report.He understands the existing grade,and said if it had been backfilled <br /> correctly to begin with they would be at the 956 elevation and would not need to get a variance to go up <br /> to 959.5. In his eyes the variance they are asking for is only 4.5 feet from what would be allowed by <br /> ordinance if it was backfilled correctly.Mr.Zehnder noted no one came out against the application,the <br /> neighbors to the north are fine with it;the neighbors to the south winter in Florida and he has not had a <br /> chance to talk to them about it yet. <br /> McCutcheon is looking at the contour lines with the neighbors and it seems that they align. When Mr. <br /> Zehnder says"backfilled correctly"how far towards the lake is the backfill? <br /> Mr.Zehnder showed the contour lines on screen noting where the basement was dug out. He stated if they <br /> had backfilled the basement to meet existing grades they would have been a nice level 956 all the way <br /> across and then they would be at 959.5' without even asking for a variance and to go up to 964' is much <br /> less of a variance than it seems to be right now. <br /> Oakden noted the existing grade as it sits today,the elevation is 952.5and the proposed top of the patio is <br /> 964 which is where the 11.5 feet from today's grade to what they are proposing comes from. The <br /> Applicant is talking about the natural grade,that Staff is supportive of,which is at the 956 and if the <br /> previous homeowner had backfilled and followed the contours of the neighbor's slope, 956 should be the <br /> natural grade. Unfortunately because the old home's basement was not graded out it is much lower than <br /> what the neighbors have. <br /> Ressler asked if the Applicant has any surveys of the grade for neighboring properties to set the <br /> expectation that the natural slope should support the 968?Whether it is a big or little variance it needs to <br /> be supported and to use as an example that there is precedence of neighboring natural slope being at 964. <br /> Mr.Zehnder replied on the survey it shows the contour lines and they continue through on a pretty <br /> consistent basis for the neighbors. <br /> James Mattson, 940 North Arm Drive,was talking to his neighbor Matt Gettman who mentioned the <br /> neighbor north of Mr. Gettman did the exact same thing with the variance process to level off their pool <br /> given the slope of the land. <br /> Kirchner noted Mr. Ressler's comment that it must be about practical difficulties and he has yet to hear <br /> about what those practical difficulties are. <br /> Mr.Zehnder stated the grade is not where it should be if it was backfilled correctly. The dramatic slope of <br /> the lot is a practical difficulty,also. <br /> Kirchner shared the practical difficulty could be solved using Staff's solution of using stairs. <br /> Mr.Zehnder thinks every variance is a convenience and that Mr. Mattson would prefer to walk out right <br /> onto his patio level without going down steps. <br /> Kraemer clarified if they take the 956 elevation they are allowed to go 42 inch above that? <br /> Page 2 of 7 <br />