Laserfiche WebLink
MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday, November 17, 2003 <br /> 6:00 o'clock p.m. <br /> SCHEDULED PUBLIC HEARINGS—8:00 P.M. <br /> (#6) #03-2966 ORONO ZONING CODE AMENDMENT, SECTIONS 78-1491 (h) <br /> and 78-1577, REGULATION OF VEHICLE STORAGE IN RESIDENTIAL <br /> DISTRICTS <br /> Acting Chair Mabusth opened the Public Hearing at 8:00 p.m. Seeing there were no public <br /> comments, Mabusth closed the public hearing and postponed Commission discussion <br /> following new business. <br /> NEW BUSINESS - Continued <br /> (#9) #03-2866A DAVID AND JUDY ZOSCHKE, 2040 SHADYWOOD ROAD, <br /> ADMINISTRATIVE APPEAL (8:01 —8:25 P.M.) <br /> Judy and David Zoschke, the applicants, were present. <br /> Gaffron explained that the applicant is appealing City Staff's interpretation of the <br /> conclusions of the Planning Commission and Council in relation to the extent of hardcover <br /> removals required per Resolution No. 4920, adopted February 24, 2003 <br /> Gaffron reported that in February 2003, the Zoschke's were granted a variety of variances <br /> in order to replace a deck on the lake side of the residence and enclose part of it as a porch. <br /> The applicants agreed to remove hardcover including landscape areas lined by <br /> plastic/fabric as well as patio area in the 0-75'zone. However, the applicants are disputing <br /> the square footage and extent of patio removal agreed to; they do not believe they agreed to <br /> the removals as depicted in Resolution No. 4920,but to a lesser removal that allows the <br /> upper patio, stairway, and a 3'portion of lower patio adjacent to the retaining wall, to <br /> remain. <br /> Staff was initially advised by the Zoschke's in July that they disagreed with the Resolution <br /> diagram and the extent of the removals required. Staff reviewed the zoning file and the PC <br /> and Council minutes to determine whether any documentation therein would support or <br /> refute the Zoschke's position. Gaffron indicated that the initial conclusion reached was that <br /> the square footage to be removed was not documented in either set of minutes, but the <br /> Council memo of 2-20-03 clearly indicates a 681 s.f. removal, which was reflected in the <br /> attached resolution adopted by Council on 2-24-03. <br /> Staff has contested that the Zoschke's had opportunity to review the resolution and exhibit <br /> prior to its adoption, and had further opportunity to review it between its adoption and the <br /> time they individually signed it more than a month later. The Council did place this item <br /> on its Consent Agenda, so no discussion was held at the Council level for this item. <br /> PAGE 16 of 41 <br />