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Mr. Jensen said that it is in process. <br />It was moved by Rowlette, seconded by Schroeder, to recommend approval of application <br />• <br />#1864 for Irwin Jacobs, 1700 Shoreline Drive for the Conditional Use permit variance to <br />rebuild the accessory structure subject to the size of accessory structures, that the on -site septic <br />testing will be completed for a principle and an alternate site, and that the structure can never <br />be used as a rental. Vote: Ayes 7 Nays 0. <br />(# 15) # 1865 David Owen <br />2248 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING <br />Mr. Owen was present. <br />Mabusth explained that applicant would like to rebuild the foundation of his garage and <br />parking pad and improve drainage by raising the foundation 8" (water from the street rushed <br />into his garage). Structure is located 1'+ from street lot line and doesn't meet required side <br />setback. <br />Mabusth asked Mr. Owen if there would be structural repairs to the garage. <br />Mr. Owen replied that there would be some, along with retaining wall repair, slab removal and <br />installation of safety rails. <br />Mabusth explained that the major problem for the property owner is that in the early 50's the <br />County took an easement for snow fencing (not right of way) at the end of his driveway. The <br />County has advised us that they are willing to release the easement but the City of Orono needs <br />• the right of way for Crystal Bay Road. Gerhardson has advised that the City needs only the <br />portion of the easement defined as travelled road. The structure would then be located 10' <br />from the street. <br />• <br />Peterson commented that he viewed the property the night before and saw the water rushing <br />into the garage. <br />Mr. Owen stated that the garage is actually lower than the street. <br />Nolan asked what Mr. Owens plans are for the water problem and wondered if drainage wasn't <br />addressed properly, the water would be averted onto the neighbors property. <br />Nolan also asked if the garage door opening would remain the same. <br />Mr. Owen stated that he would actually lift the garage and replace it on the new foundation. <br />Nolan asked if Mr. Owen planned to clean up the concrete on the side of the garage. <br />Mr. Owen stated that he has plans to clean up the area. <br />Mr. Owen's intent is to get the water to drain out onto the street. He felt that the water would <br />stay on his property though if it did drain back from the street, drainage would go around the <br />17 <br />