11/17/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2003 6:00 o'clock p.m. (#8) #03-2950 DAVID AND TARA GROSS, 2635 COUNTRYSIDE DRIVE WEST, AFTER-THE-FACT VARIANCE, Continued Ms. Gross indicated that the garden issues had been solved and were no longer in question. Mr. Gross explained that their intent to construct a sport court in this location was by no means meant to be a malicious act. He indicated that he and his family moved to Orono two years earlier and have been heavily involved in the community. Having looked at their options for constructing a sport court last spring, they settled on this location as it was visible from the kitchen windows and proceeded without objection from adjoining properties. Gross stated that, in fact, the adjoining neighbor had no objection at the time but instead asked to use the sport court when complete. In addition, he had seen several full size tennis courts and sports courts on property lines throughout the area and had no concerns about its placement. Although the intent was to build the sport court 10' from the property line, which they felt was meeting code based on others they'd seen, due to grade changes the court was shifted to merely 6' off the property line. Mr. Gross stated that, after construction, Bruce Vang approached the applicants and said we'd have to apply for an after-the-fact variance. In so doing, the Gross' hired Gronberg and Associates to handle the matter and provide the City with the necessary paperwork they required. Gross stated that, unbeknownst to them, the deadlines were missed, after which he placed repeated phone calls to his representatives to provide the necessary papers. Mr. Gross believed the proposed alternate location would place the sport court on the blind side of the home and cause the removal of eight large spruce trees. Instead, Gross proposed they plant significant landscaping to improve the existing situation. Acting Chair Mabusth recognized that the applicants had been put in a difficult situation. Ms. Gross indicated that, typically, all of the contractors they'd ever dealt with had always pulled the permits for them, and it was not apparent to them that it was their responsibility. Gross questioned if the Code had been changed recently to reflect a 30' rather than 10' setback. Gaffron indicated that the oversize structure Code dates back 10 years. Paul Tichy, 2615 Countryside Drive, stated that, as the adjoining property owner, he wished for further clarity and definition of what the codes exist for it not to protect the integrity and values of property owners. He pointed out that, while it is their preference to preserve the natural state of their property, they did not wish for bad things to happen for the neighbor. PAGE 13 of 41