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11/17/03 Planning Commission Minutes
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11/17/03 Planning Commission Minutes
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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 /> (#8) #03-2950 DAVID AND TARA GROSS, 2635 COUNTRYSIDE DRIVE WEST, <br /> AFTER-THE-FACT VARIANCE, Continued <br /> Gaffron stated that weather conditions may warrant a removal/relocation deadline of June <br /> 2004. <br /> Bremer questioned whether the applicants had spoken to their contractor about their role in <br /> creating this problem. <br /> Gross stated that the contractor referred them to the contract. <br /> Tichy, the neighbor, questioned whether Sport Court should have proceeded without a <br /> permit knowing what they do about limitations within Orono. He pointed out that Sport <br /> Court has acknowledged that Orono is one of 5 communities in the metro area with more <br /> restrictive setback allowances than most. He argued that Sport Court might have a bit more <br /> liability in the situation than they have been leading the Gross' to believe. <br /> Craig Jones, owner of Sport Court, stated that for 18 years he has been the one to pull <br /> permits for his clients; however, he had recently changed this policy and put the <br /> responsibility of this upon the customer. Unfortunately, as in this situation, Jones stated <br /> that he has learned this is not an effective alternative and has reversed his policy so that he, <br /> the contractor, pulls the permits. Jones stated that he was familiar with Orono's rules <br /> regarding setback,having spoken to Lyle Oman in the past. <br /> Fritzler asked why the contractor didn't question the fact no permit was posted at the site. <br /> He stated that he would not be in support of granting the after-the-fact request. <br /> Fritzler moved, Hawn seconded, to recommend denial of Application #03-2950,David <br /> and Tara Gross, 2635 Countryside Drive, a request for an after-the-fact variance to <br /> allow a 2380 s.f. sport court within 6' of the side lot line where 30' is required. <br /> VOTE: Ayes 5, Nays 1. <br /> Zugschwert stated that she would grant the request with additional screening. She believed <br /> it was unfortunate that the Gross' were caught in the middle; whereas, the Sport Court <br /> organization has once again begun pulling the permits for their clients. <br /> Based on the denial, Todd Unless, 2630 Countryside Drive West, asked for clarification of <br /> when the removal must take place given the time of year. <br /> The Commission agreed that removal or relocation should be complete by June 2004. <br /> PAGE 15 of 41 <br />
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