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ORONO PLANNING COMMISSION MINUTES FOR APRIL 17, 2000 (#2574 Tom Micheletti, Continued) Hawn commented there is a question of setting a precedent if this application is approved. Lindquist moved to recommend approval of Application #2574, Tom Micheletti, 519 Femdale Road North, for a height variance to permit construction of a nine foot privacy fence. Hawn inquired whether the Applicant would be willing to consider a seven foot fence. ’ Micheletti stated he has spoken with the DNR who has indicated that deer can clear fences up to eight and a half feet in height. Nygard reiterated approval of this application could possibly set a precedent, and in order to grant a variance, a hardship which is created by the land must be demonstrated. Micheletti stated they are attempting to improve the property and has been told the deer problem Is the responsibility of the City. Micheletti commented in order to properly address this problem, they need the cooperation of all parties involved. Hawn noted the Planning Commission did approve a ten foot high fence for a tennis court. Hawn seconded Lindquist's motion based on the fact that this fence is specifically intended to protect a garden which is threatened by the deer population living in an area protected by the DNR. VOTE: Ayes 2, Nays 3, Nygard, Stoddard and Berg Opposed. Nygard moved, Berg seconded, to recommend denial of Application #2574, Tom Micheletti, 519 Ferndale Road North, for a height variance to construct a nine foot privacy fence. VOTE: Ay. . 3, Nays 2, Hawn and Lindquist Opposed. Hawn indicated she voted in opposition to the motion recommending denial because in her view there is a specific and reasonable use being requested for the nine foot fence and the same consideration should be given to a fence to deter deer as to a fence for a tennis court. Micheletti commented in his opinion his request was reasonable. Berg noted the Planning Commission is merely a recommending body and that the Applicant has the option of appearing before the City Council to plead his case. Micheletti stated the basic nature of a variance tends to set a precedent. (#13) #2575 JAMES AND JILL CORNELL, 2145 WATERTOWN ROAD - VARIANCE^Jih«^.m. - 10:17 p.m. James and Jill Cornell. Applicants, were present Bottenberg stated the ApgIipants'aTeliroposing to construct a 816 square foot second story addition to the existinaj^sidenciCThe addition will only be on top of the southern section of the existing resjjlfioae'^riJnol the entire residence. Bottenberg noted the existing residence was constructed lefore current zoning standards were adopted. The septic system is currently compliant and has a capacity for four bedrooms. This addition will not add to the total number of bedrooms. Page 24