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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, October 20, 2003 <br /> 6:00 o'clock p.m. <br /> (#9) #03-2953 RAYMOND AND NYLENE NEWKIRK, 1489 SHORELINE DRIVE, <br /> Continued <br /> Since the building envelope allows adequate room for the home to fit into a conforming <br /> location, Fritzler agreed with staff regarding its setback and hardcover recommendations. <br /> Mabusth stated that, while she agreed 72' was adequate to rebuild, she also heard a <br /> hardship with regard to the shared driveway access and no direct access to County Road <br /> 15. While she believed the Commission could support some excess hardcover to make up <br /> for the driveway problems, Mabusth stated that the side yard setback request must be held <br /> to new construction standards. <br /> Hawn concurred with Mabusth, stating that she believed this would be precedent setting <br /> for rebuilds in this community if the Commission approved the side yard setback request. <br /> Rahn stated that he, too, agreed a hardcover allowance could be granted; however, since <br /> the building pad is fairly large, he could not support the side yard setback variance request. <br /> He suggested the applicants redesign the proposal to fit within the building envelope to <br /> determine if the hardcover variance is appropriate. <br /> Cronin inquired whether the Commission could support the special circumstances imposed <br /> by the excess highway noise and safety concerns. <br /> Chair Smith stated that the Commission had agreed and insinuated that they would <br /> consider those elements in the hardcover request. <br /> Ms. Newkirk stated that the house to the north/east is merely 10' from the lakeshore and <br /> would dramatically obstruct their views if their house were to be situated within the <br /> building envelope. <br /> Mr. Newkirk stated that, having met with Paul Weinberger over a year ago, he was led to <br /> believe that they were headed in the right direction and would not have difficulty meeting <br /> the side yard setbacks. He believed there was a misinterpretation somewhere along the <br /> line. Newkirk stated that, rather than be forced to rebuild behind his neighbor, he would be <br /> forced to remodel what was there. <br /> Hawn asked if the neighbor's home truly sat just 10' from the lakeshore. <br /> Gaffron confirmed the neighbor's home was 10' off the water. <br /> Hawn stated that she felt some responsibility in this case due to what was supposedly <br /> relayed to the applicant early on and based on the proximity of the neighbor's home. <br /> Page 18 of 29 <br />