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ORONO CITY COUNCIL MEETING <br />MONDAY, NOVEMBER 24,2003 <br />7. U03~2950 David and Tara Gross, 2635 Countryside Drive tVest—After-tke-Faci <br />Variance—Resolution No. 5089—Continued <br />company put in the applicant’s garden. Bowman stated that something changed with the <br />neighbors, and they are no longer okay with the sport court’s presence. Mr. Gross stated <br />that initially there was no issue, and he is not sure why things have changed. <br />Murphy stated that if the court were off by 1 ’ and the neighbors all approved, he would <br />feel difTerent about the application. But the court was too far into the setback. <br />Murphy asked about the location in regard to the septic system. Foth stated that she had <br />the septic inspector took at the site and he said the mound on the survey is smaller than the <br />actual mound. They suggested soil testing to see if the alternate septic lc''ation could be <br />shifted to the west to make more room for the sport court. The problem was that the <br />septic tanks run close to the sport court. <br />Murphy stated it seemed the alternate site for the sport court suggested by staff seemed the <br />best choice. He suggested rebuilding the deck to create another location from which to <br />view the children. Mr. Gross stated that the alternate sport court site is not out of the <br />question. <br />Sansevere asked if Sport Court had offered to help with the expense of moving the slab. <br />Mr. Gross stated he had not yet discussed that matter because he wanted to first determine <br />what would need to be done with the court. <br />Mr. Gross stated he just found out staff changed the deadline and wanted the court moved <br />within two weeks. He stated that would be impossible. <br />Gaffron stated that Vang's perspective on the matter was that he never recommended an <br />after-the-fact variance, but mentioned it as an option and stated it would be unlikely to be <br />granted. Vang felt the applicants have already had four months to consider what to do <br />with the sport court, which should have been moved last summer. Gaffron stated that at <br />this point, the applicant will have issues with moving the court due to the weather. It may <br />have to wait till spring. If the applicant has to move the court, it should be done as soon <br />as possible to minimize the nuisance to the neighbors. <br />Mayor Peterson asked Mr. Gross how the court wound up 6’ from the lot line. Mr. Gross <br />replied that he flagged the court at 1 1 ’ or 12 ’ from the lot line. In the process, with a <br />slight change in grade. Sport Court placed it at 6’ and said it was necessary. He stated that <br />activity on the court has been minimal so far. In the spring, they would like to minimize <br />the amount of trucks in the yard tearing it up. He stated they need time to consider <br />options and conduct soil tests concerning the septic site. Mr. Gross stated they plan to live <br />in Orono for a long time and want to make the matter right. <br />8 <br />1