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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,April 21, 2003 <br /> 6:00 o'clock p.m. <br /> (#4 #03-2880 FRED JOHNSON, Continued) <br /> Bremer voiced her concern regarding the application as it affected the new owners. She <br /> indicated that she was torn by the timing of the process and agreed with the new owners <br /> that you'd like to be able to rely on the certificate of occupancy as proof She hoped that <br /> the City Council might offer them some relief <br /> Mabusth indicated that the letters clearly indicated the dates of contact, the last of which <br /> being March 5, 2003. <br /> Mrs. Chwialkowski stated that they had closed on March 8, 2003 and had taken possession <br /> of the home by March 5, 2003. <br /> Although the plans were clear, Bremer asked what actions the Commission and Council <br /> had taken in the past in similar scenarios. <br /> Gaffron agreed that, while the plan sheets were clear, the City Council had ruled both ways <br /> on these types of issues in the past. <br /> Rahn indicated that the legal recourse for the new owner is clearly a civil action. He felt <br /> this to be a proximity and height issue as well. It was well known what was approved and <br /> the builder went ahead any way and built the upper deck and larger than allowed lower <br /> deck. <br /> Hawn moved, Rahn seconded, to deny Application #03-2880, Randy and Michelle <br /> Chwialkowski, current owners of 1926 Fagerness Point Road, denying with some <br /> sympathy the After-the-Fact variances, requiring removal of the second story deck, <br /> and the addition of a railing to make the upper level door safe. Furthermore, <br /> recommending the lower level deck with railings be allowed as-is, and granting a <br /> variance for the additional 36 s.f. hardcover,yielding 2,188 s.f. or 26.4% where 2,328 <br /> s.f. or 29% had existed and 2,082 s.f. or 26% had been approved originally. VOTE <br /> Ayes 7,Nays 0. <br /> Hawn suggested that staff continue to monitor Mr. Johnson's building activity in the area. <br /> Mrs. Chwialkowski indicated that Mr. Johnson continues to build in the area. <br /> (#5) #03-2881 CURTIS AND KATHLEEN MIDTHUN, 2941 CASCO POINT ROAD, <br /> VARIANCES 6:46—7:25 P.M. <br /> Curtis and Kathleen Midthun, Applicants, and Tom Bricko, the General Contractor,were <br /> present. <br /> PAGE 8 of 40 <br />