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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 (#2627 Willmar Thorkelson, Continued) developed street and it acts more like a trail through the woods and provides access for emergency or service vehicles and utilities to Big Island. Bottenberg stated the storage shed is located on a high spot on the property, with the surrounding land consisting of wetlands and slopes to low areas. The area surrounding the shed is wooded, and the existing shed location is appropriate in terms of topography and trees except for the lot line encroachments. Moving the shed six feet back will result in the need to remove two mature trees. A total relocation of the shed on the site to meet setbacks would potentially do damage to the site due to the possible soil and vegetation disruption that would be caused by the heavy equipment to move it. Bottenberg noted structural and hardcover coverage are not an issue with this application. City Staff views this building encroachment as extremely minor as compared to the 0-75' violation on the opposite side of the island a year ago in which that resident was required to move a newly constructed cabin out of the 0-75' zone. The visual and perceived impacts of the Thorkelson request, by contrast, are minimal. City Staff recommends approval of the variance to allow the shed to remain located 23 feet from the right-of-way. Bottenberg noted the City did receive a letter from Mayor Gabriel Jabbour, who owns an adjacent lot on Big Island, indicating support of the variance, noting that the "roads" on the island are neither traveled or used. John Waldron, Attorney-at-Law, stated if the shed is required to be relocated, the removal of some mature trees would result, which in their view is a hardship. Waldron stated the encroachment is relatively minor since the roadway is not used as a normal roadway and is not intended to become a standard roadway. Waldron commented the Applicants' son constructed the shed in a site he thought was aesthetically best for this property and did not realize he was encroaching into the setback. There were no public comments regarding this application. Hawn inquired whether another site exists on the property where this shed could have been constructed without impacting the trees. Botten berg stated a number of trees would have needed to be cut down. Hawn noted that a number of other residents on Big Island have constructed things without obtaining the proper permits. Hawn stated in her view she is unsure whether she would have approved this shed in the first place. Kluth noted this is a substantial sized building and questioned whether the Planning Commission would have approved this size building in the first place. Kluth inquired whether the Applicant was aware that a building permit needed to be obtained prior to construction. PAGE 17