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ORONO CITY COUNCIL MEETING <br />MONDAY, NOVEMBER 24,2003 <br />4. M3-2866A David and Judy Zoschke, 2040 Shadywood Road—Administrative <br />Appeal—Continued <br />White moved, and Murphy seconded to table Item 4, David and Judy Zoschke, 2040 <br />Shadywood Road—Administrative Appeal. <br />Vote; Ayes 5, Nays 0. <br />*5. #03-291 Winfield and Nancy Stephens, 350 Crestview Avenue—^Variances- <br />Resolution No. 5078 <br />Sansevere moved, and White seconded, to adopt Resolution No. 5078 granting <br />variances to Municipal Zoning Code Section 78-282,78-305(B), and 78-1288(B) to <br />allow construction of a new residence on a property that is 0.455 acres in size when 2 <br />acres is normally required and for the structure to be setback 30’ from the front <br />property line when is required, and 10’ from the side propert>- line when 30’ is <br />required and 30’ from the rear property line when 50’ is required and also to allow <br />45% hardcover in the 75-250* zone when 25% is normally allowed. <br />Vote: Ayes 5, Nays 0. <br />*6. #03-2935 Scott and Kara Hutton, 1835 Shadywood Road—Variance <br />Resolution No. 5079 <br />Sansevere moved, and White seconded, to adopt Resolution No. 5079 granting <br />variance to Municipal Zoning Code Section 78-282 to allow hardcover within the 75- <br />250 ’ setback zone of 27.8% or 4,584 s.f. <br />Vote: Ayes 5, Nays 0. <br />7. #03-2950 David and Tara Gross, 2635 Countryside Drive West—After-the-Fact <br />Variance—Resolution No. 5080 <br />Foth stated that the applicants requested an after-the-fact variance to allow a 2380 s.f. <br />sport court to remain less than 6 ’ from the side lot line, where 30' is required. The <br />Planning Commission voted to deny the application, 5-1, as they found no hardship. They <br />recommended a deadline of June IS, 2004 for removal or relocation of the sport court. <br />After the Planning Commission meeting, GafTron and Building Inspector Bruce Vang had <br />discussed a reduced time line for removal of the sport court. <br />Mr. Gross came forward. He stated that they never intended to be deceptive with the <br />installation of the sport court. They moved to Orono two years ago. They have four <br />children. They have done some other projects in the back yard since moving in. They <br />decided to install the sport court to keep the children active and safe. They assumed a 10’ <br />setback would be allowed, as that is standard in Plymouth. They flagged the area for the <br />court and left the flags up for six weeks. The current location allows them to see the <br />children from the deck and kitchen windows. They spoke to the neighbors, including the