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~ DR MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 ~ DR! 6:30 o'clock p.m. Rahn stated it would be a different situation if the road did go down to the lake but the fact that it is private property makes the request by the applicant a legitimate one. Eiden stated there is a 1944 court decision regarding a vacation on St. Oliver's Bay where a homeowner attempted to close off an access , but that he does not have the money to pursue this matter in court. Eiden indicated he probably will continue to use that area for access even if the road is vacated. Rice stated in her view it is private property and that the road leads no where except to Mr. Hanson's property. Kang indicated in her view the deciding factor is the fact that it is private property. Kang moved, Rice seconded, to recommend approval of Application #09-3433, Richard Hanson, 340 Big Island, granting of a lot area variance and vacation of unimproved Meta Comet Avenue subject to the recommendations of Staff. VOTE: Ayes 5, Nays 0. (Loren Schoenzeit recuzed himself from the following application) 5. #09-3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE ING, V,.,.__._,...,---. CE, 8:02 P.M. -8:35 P.M. Schoenzeit, Applicants, were present. Curtis stated the app nt is requesting the following variances in orde o construct a new residence on the property: 2. 3. A lot area variance to allow redevelo A side yard setback variance to allow a setback is normally required; a lot 0.34 acre in area where 1.0 acre is required; t side setback on the south side where a 10-foot 4. A rear yard setback variance t llow an 8-foot rear set ck where a 30-foot setback is normally required; 5. Hardcover variances allow 66.1 percent hardcover within the 2 percent is normal allowed and 62.8 percent currently exists. The applicants' pro rty has a very challenging building envelope. The city sewer Ii crosses through the property and e slope of the property offer very little flexibility. The applicants hav subject prope for nearly 19 years. For the past 10 years , they have been researching and new home o build on the property. 5, the applicants received approval for a lot line rearrangement in order to allow for a more re sonable building envelope. That lot line rearrangement was not finalized. The applicants are now ------------------Page 11