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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 32 10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD – REZONING AND CONDITIONAL USE PERMIT (continued) McMillan asked if anyone from the public would like to comment on this application. Loren Fritz, 3845 North Shore Drive, stated he moved to the community in 1968 and that his reason for coming tonight is that he noticed there was some activity going on at this corner and that he wanted to comment that it is positive someone was considering moving into this location. Fritz indicated he would be in support of something going in there and that it would benefit the Navarre community. VOTE ON THE MOTION: Ayes 4, Nays 1, Cornick Opposed. Mattick noted the motion was to deny the rezoning and that there should be another motion denying the conditional use permit. Printup moved, Levang seconded, to deny the conditional use permit request by TCO Design for 2380 Shadywood Road. VOTE: Ayes 4, Nays 1, Cornick Opposed. 11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT Curtis stated the applicant is proposing to construct a new home on the subject property which consists of 1.6 acres in area, 133 feet in width, and is located within the LR-1A district. The applicant is requesting approval of lot area and lot width variances as well as a side street setback variance in order to place the home 30 feet from Heritage Lane where a 50-foot setback is normally required. A conditional use permit is also being requested to allow the export of approximately 2,000 cubic yards of fill material from the property as well as a variance to permit a 6-foot tall open wrought iron style fence on the entire perimeter of the property. The applicant is further requesting a second curb cut. Since the Planning Commission meeting, the applicant has submitted a revised fence plan. The fence is now proposed to stop near the sewer easement on the property and has been pulled back from Shoreline. The fence is still proposed at six feet. On January 19, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Planning Commission voted 6-0 to recommend the following: 1. Denial of the fence height variance with the recommendation that the fence be redesigned; 2. Approval of the lot width, lot area, and side street setback variances; 3. Approval of the conditional use permit subject to conditions. As noted within the memo, Staff recommends approval of the lot area, lot width, and street setback variances as requested in conjunction with the proposed plan. Staff recommends denial of the variance to permit construction of the fence exceeding 42 inches in height. Regarding the conditional use permit, Staff recommends approval consistent with the conditions recommended by the Planning Commission as outlined in Staff’s report.