11-16-2015 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 19, 2015 6:30 o'clock p.m. Mike Russin, 3175 North Shore Drive, stated the situation with this neighbar started ten years ago and that he appreciates the City taking a look at this. Russin noted their property is not on the lake but that they did have a view of the lake when they first purchased the property approximately 20 years ago. Russin indicated they built a screen porch a number of years ago, and because of the living wall,they cannot see the lake anymore. Russin stated if that living wall was put in to shield someone from looking in that neighbor's windows,that is one thing, but the house is far away from the trees and that it is not for privacy. Russin stated the living wall was put in there because they complained about other things. Russin stated their general concern with the proposal is having some type of relief valve for special circumstances, and the reason for that is to deal with the white fence. Russin stated as the fence was going in, he called the City, and after a couple of conversations, the Ciry told him they were going to take a pass on enforcing the ordinance. Russin stated the fence is ugly and white, but the biggest issue is, if you look at the fence,there are gaps because one section is eight feet high and other sections are six, which leaves a two-foot gap in some areas. Russin stated he also has watched the maintenance guy blow all the leaves under the living wall into the Mandels' property on a couple of occasions. Russin asked how they can resolve that situation. Russin stated the other issue relates to the lighting. Russin stated the general issue with the lighting is the one-foot candle. Russin noted.4 is the lightness of the moon coming in but that moonlight is natural light. Russin stated the neighbor has five commercial size lights that are extremely bright. Russin stated he also has an issue with the Orono Police Department enforcing the lighting code. Russin stated he has called the police several times about the lights and that they were told to cover their window with solid material. Russin indicated he did not receive good service from the police department and that in his view enforcement has to be through some other avenue. Russin displayed a picture of the lighting. Russin noted they hired a professional photographer to come out and photograph the lights when there was no moon. The neighbor has had as many as 12 floodlights on at one time pointed at his house. Russin stated the neighbor's house is located up on the hill and that the light comes into his house. Page 33 of 44