11-24-2003 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17,2003 6:00 o’clock p.m. within the applicants property. Foth pointed out that City Code Section 86^, indicates a permit is required for construction of structures in excess of 1000 s.f. and are subject to additional setback requirements. Had a permit been ^iplied for in this case, the ^)plicant and the contractor would have been made aware of the 30’ side setback for oversized sport courts (which lore treated as tennis courts). Foth reported that Plaiming Staff recommends denial of the after*the>fact variance request based on a finding that if there are too many restrictioos caused by other site features and amenities, then these factors are not hardships but are reasons that the site carmot support an additional amenity. Ms. Gross indicated that the garden issues had been solved and were no longer in question. Mr. Gross explained that their intent to construct a sport court in this location was by no means meant to be a malicious act. He indicated that he and his family moved to Ormio two years earlier and have been heaxily involved in the community. Having looked at their options for constructing a sport court last spring, they settled on this location as it was visible from the kitchen windows and proceeded without objection from adjoining properties. Gross stated that, in fact, the adjoining neighbor had no objection at the time but instead asked to use the sport court when complete. In addition, he had seen several full size teiuiis courts and sports courts on property lines throughout the area and had no concerns about its placement. Although the intent was to build the sport court 10’ from the property line, which they fdt was meeting code based on others they’d seen, due to grade changes the court was shifted to merely 6’ off the property line. .Mr. Gross stated that, after construction, Bruce Vang ^>proached the applicants and said we’d have to apply for an after*the-fact variance. In so doing, the Gross’ hired Gronberg and Associates to handle the matter and provide the City PAGE 17 of 56 •I i