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r <br />Date Application Received: 09-02-03 <br />Date Application Considered as Complete: 11•04•03 <br />6(KDay Review Period Expires: 01-04-04 <br />REQUEST FOR COUNCIL ACTION <br />COIIWCII. MEETING <br />NOV 2 5 2003 <br />CITY OF OHONO <br />Date: November 20,2003 <br />Item No <br />Department Approval: <br />Name: Melanie Fothi 111 <br />Title: City Planner <br />Administrator Approval:Agenda Section: <br />Zoning <br />Item Description: <br />#03-2950 - David & Teresa Gross, 2635 Countryside Drive - Variance - Resolution <br />Zoning District: RR-1B <br />Lot Area: 2.047 acre (89,189 s.f.) <br />Lot Width: 303* <br />List of Exhibits: <br />A - Resolution per Planning Commission Recommendation <br />B - Memo from Bruce Vang, Orono Building inspector <br />C - PC Action Notice 11-19-03 <br />D - PC Memo & Exhibits as of 11-17-03 <br />E - Draft Minutes from PC meeting 11-17-03 <br />Application Summary: Applicants requests an after-the-fact side setback variance to allow a <br />2380 s.f. sport court to be located less than 6’ from the side property line where a 30’ setback is <br />normally required. Please see the attached memo to the Planning Commission for more <br />information. <br />Planning Commission Recommendation <br />On November 17,2003, the Planning Commission voted 5-1 to recommend denial of the after-the- <br />fact variance to reduce the side setback from 30’ to less than 6’. The Planning Commission found no <br />viable hardship to warrant granting the after-the-fact variance. The dissenting Commissioner found a <br />hardship because it was an “unfortunate situation" and felt that the applicants were not at fault. <br />The Planning Commission recommended a deadline of June 15,2004 for removal or relocation of <br />the existing sport court. This was supported by staff initially; however, Mike Gaffron has discussed <br />the matter with Orono Building Inspector, Bruce Vang, and has reached the conclusion that a <br />reduced timeline would be more appropriate. <br />Staff Recommendation <br />Denial per the attached Resolution. City Council should discuss the timeline for removal of the <br />existing sport court and direct the applicants accordingly. <br />COUNCIL ACTION REQUESTED <br />Adopt or amend the attached Resolution denying the after-the-fact side setback variance for the <br />2380 s.f. sport court for David and Teresa Gross at 2635 Countryside Drive.