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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, November 17, 2003 <br /> 6:00 o'clock p.m. <br /> (#5) #03-2953 RAYMOND AND NYLENE NEWKIRK, 1489 SHORELINE DRIVE, <br /> VARIANCE, Continued <br /> 35.7%where 25% is allowed. The applicants' request for a variance within the 0-75' zone <br /> is merely a formality as the 1.4%hardcover in this zone represents an allowed 136 s.f <br /> staircase to the lake. <br /> Foth stated that staff would recommend approval of the hardcover variances as proposed; <br /> Hardcover within the 0-75' zone at 1.4% and hardcover within the 75'-250' zone to be at <br /> 35.7% and that the applicants remove all fabric and plastic liners from planting beds. Since <br /> staff finds a hardship to approve the hardcover variances as requested due to the nature and <br /> location of the shared driveway and the inability to park vehicles along County Road 15. <br /> Acting Chair thanked the applicants for working with the City and Planning Department <br /> staff to resolve their differences. <br /> Ms. Newkirk acknowledged that it had been a terrible experience. <br /> There were no public comments. <br /> Hawn moved, Bremer seconded, to recommend approval of Application #03-2953, <br /> Raymond and Nylene Newkirk, 1489 Shoreline Drive, granting both a hardcover <br /> variance in the 0-75' zone of 1.4% consisting of a staircase to the lake and the 75-250' <br /> zone consisting of 35.7% hardcover where 25% is normally allowed, subject to the <br /> removal of all landscape fabric and plastic liners. VOTE: Ayes 6, Nays 0. <br /> NEW BUSINESS <br /> (#8) #03-2950 DAVID AND TARA GROSS, 2635 COUNTRYSIDE DRIVE WEST, <br /> AFTER-THE-FACT VARIANCE (7:23—8:00 P.M.) <br /> David and Tara Gross, the applicants, were present. <br /> Foth explained that the applicants are requesting an after-the-fact variance in order to allow <br /> a 2380 s.f. sport court within 6' of the side lot line where 30' is required <br /> Foth provided the following background, in June 2003, the applicants were notified by a <br /> letter from Orono Building Inspector, Bruce Vang, that an after-the-fact permit was <br /> required for their newly constructed sport court. In addition, the applicants were notified <br /> that the sport court did not meet the required 30' side setback as it was placed less than 6' <br /> from the side lot line. In the same letter Vang notified the applicants that their fenced-in <br /> raised garden did not meet City Code requirements with respect to setback and height <br /> restrictions. The applicants were unaware that a permit had not been obtained as required, <br /> and it was their understanding that their contractor had obtained a permit for the work <br /> PAGE 11 of 41 <br />