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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m . (#10 -3438 DNA PROPERTIES , LLC, 1535 BORNS POINT ROAD , CO NTINUED) Gronberg stated on the lot closest to Mrs. Sweatt 's lot, in order to obtain a walkout, they have pulled the building lot away from the minimum setback in order to construct the swale. They plan to maintain as many of the trees as possible on the lot but some trees would need to be removed in order to construct the driveway s. They are also willing to look at how the driveways can be configured to prevent headlights from shining into the neighboring homes. Kang asked whether any steps can be taken to address the construction traffic and noise . Curtis stated there are set hours that construction is allowed and that the police should be called if those hours are not adhered to . Curtis indicated that one lane should also remain open at all times. Gronberg indicated it is likely the houses will be constructed at different times and that these are smaller houses that are being proposed, which should be less of an issue than during the construction of the big house. Feuss asked whether the soils are sufficient to support three houses. Gronberg indicated soil boring tests would be taken at the time of construction to ensure that the soils are appropriate . Chair Kang closed the public hearing at 7: 12 p .m. Schoenzeit stated in his view the houses fit the lots and meet the minimum setback requirements . Kang concurred with Commissioner Schoenzeit's comments and indicated she does understand the noise and traffic concerns raised by the neighbors . Kang noted that the residents do have some recourse if the noise and traffic concerns get out of hand. Schwingler asked whether the only time this application would come back before the Planning Commission again would be if a variance is requested. Curtis stated that is true . Berg noted that Staff would determine whether the height of the houses meets the City's regulations at the time the building permit is requested. Curtis recommended Mrs. Sweatt talk to staff later if she still has a concern regarding the building height. Schwingler noted the lots do meet code for this zoning district and that there is going to be preservation of the mature trees whenever possible . Schwingler encouraged the developer to discuss the project with the neighbors whenever a house is going to be constructed. Schoenzeit moved, Berg seconded , to recommend approval of Application #10 -3438, DNA Properties, LLC, 1535 Bohns Point Road, Preliminary Plat, subject to the recommendations of the City Engineer's report. VOTE: Ayes 6, Nays 0. Page 6