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[:)(H71?1T (/ MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, January 16, 2007 6:00 o'clock p.m. 8. #07-3260 ROGER O'SHAUGHNESSY, 1265 BRACKETTS POINT ROAD, VARIANCE, 8:23 P.M. -8:50 P.M. Roger O'Shaughnessy, Applicant, was present. Curtis stated the applicant is requesting an after-the-fact variance to allow the existing five-foot high wrought iron fence to remain where a maximum of3.5 feet is allowed .. The property is located on the western side of Bracketts Point Road and has over 600 feet oflakeshore. In 2004, the property owner received approvals from the City of Orono in order to redevelop the property. During a site inspection for a certificate of occupancy, the building inspector noted that a new fence had been constructed which exceeded the City's height standards. The property owner would like the fence to remain as constructed and he has applied for an after-the-fact variance. The Planning Commission should consider whether the hardship statement presented by the applicant supports the granting of the variance. If the Commission finds that there is a hardship or reasonable justification to grant the variance, then a recommendation to approve would be appropriate. If the Commission determines that the fence as constructed is not reasonable and is inappropriate in the location and height, then a denial recommendation would be in order. If the Planning Commission feels the fence is appropriate but not justified under the variance standards, a revision to the code is an option to consider. If so, this application should be denied and sent to the City Council to determine whether a code change should be pursued. O'Shaughnessy commented he does travel a lot and that he would like the fence for security. O'Shaughnessy stated he has experienced people picnicking on his property, fishing from his shore and parked in his driveway. O'Shaughnessy stated the fence helps to serve as a barrier and that it was his architect's understanding that he would be allowed a six-foot fence since this is a comer lot. Chair Rahn opened the public hearing at 8:29 p.m. 1