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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, May 20,2002 <br />6:30 o ’clock p.m. <br />(#02-2786 JOHN JONES, Continued) <br />Mr. Jones once again asked for clarification on this point. He asked, if the Commission could agree that <br />40% of the third level, or half story, was less than ihc defined five feet, could he take that back to his <br />architect to complete his plans and move his application forward for approval. <br />Betsy Nusbaum, 3480 North Shore Drive, neighboring property owner, stated that if the Commission took <br />the time to look around the lake area, they would clearly see that many homes have a usable third story, or <br />half story. She asked the Commission to determine what it will take in order for them to work with Mr. <br />Jones so that he can meet both tlie height ai:d story requirements. <br />Mr. Jones asked for further definition of a basement or walkout. <br />Gafiron pointed out that a walkout basement is defined as such, rather than as a story, if 50% or more of <br />its walls arc covered by dirt, and not built up artificially from existing grade. The measurement is taken <br />from the pre-existiag grade of the property. <br />Ms. Nusbaum maintained that there seems to be too much gray area and not enough definition. She <br />pointed out that many lots on the lake arc and will be non conforming no matter what you do; however, <br />people need to be able to work with what they have. Approximately five years ago, she stated that her <br />family went through the same process that Mr. Jones is having to endure. At that time, she had hoped <br />improvement in the process would have occurred in order for people to avoid having to repeat the same <br />steps over and over again. She asked whether there arc no more definitions available to the public than <br />there were five years ago. <br />Hawn questioned whether it would be possible to permit certain exceptions, after determining certain <br />circumstances exist, which would allow for certain things. <br />Kluth commented that this could be precedent setting, since this case docs not follow the letter of the <br />zoning code. <br />Hawn voiced her concern over the mass that might exist by allowing three story castles to overrun the <br />area. <br />Mr. Jones maintained that while what he proposes is by no means a castle, they have tried to stay within <br />the zoning code and even worked in a tuck under garage which uses up much of their valuable space. <br />Rahn stated that the Commission is obviously having a difficult time giving Mr. Jones guidance on this <br />matter. The Commission views this building as a three story dwelling which they cannot support. <br />PAGE 9