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• MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,January 18,2005 <br /> 6:00 o'clock p.m. <br /> (#05-3076 Gregory and Jeanne Gustafson, Continued) <br /> Alexander stated there is a small berm in that area and the surveyor has noted that non-maintenance <br /> groundcover would be in that area. Alexander stated the reason for the berm was partially for aesthetics <br /> and partially to meet a code that says that the lower level has to be more than six feet under the ground. <br /> Gundlach stated the building code definition of a basement is that 50 percent of the perimeter has to be at <br /> least six feet under the ground, otherwise it would be considered a three-story house. <br /> Jurgens reiterated his concern about the amount of water being directed down the slope into the swale. <br /> Bremer moved,Rahn seconded,to recommend approval of Application#05-3076,granting of a lot <br /> area variance,lot width variance,and a conditional use permit to allow grading within the 0-75' <br /> setback zone for the property located at 1280/1290 Spruce Place. VOTE: Ayes 4,Nays 2,Jurgens <br /> and Fritzler Opposed. <br /> Jurgens indicated he voted in opposition to the motion because he would like the approval to be <br /> conditioned upon review and approval of the City Engineer. <br /> Bremer noted that is required as a condition of approval as outlined in Staff's report. <br /> Gustafson stated he would rather go before the City Council with a five-one vote. <br /> Bremer moved,Rahn seconded,to amend the above motion to include the stipulation that approval <br /> is subject to the conditions outlined in the January 18,2005 Planner's Report. <br /> VOTE: Ayes 5,Nays 1,Fritzler Opposed. <br /> (Recess taken from 8:27 p.m.—8:35 p.m.) <br /> #9 05-3077 BARRY AND ROBIN O'ROURKE,2300 SIXTH AVENUE NORTH— <br /> VARIANCE,8:35 p.m.—9:00 p.m. <br /> Barry and Robin O'Rourke,Applicants,were present. <br /> Curtis stated the City received an inquiry in November regarding a lean-to structure that was under <br /> construction that appeared to be too close to the property line. After looking into the file, Staff <br /> determined that no permit had been issued and a stop work notice was issued. <br /> Curtis stated the applicant did meet with staff and was told that the required setback for a stable,barn or <br /> other structure meant to house animals was 75 feet from the property lines and that the structure must be <br /> removed. The lean-to was constructed less than two feet from the rear property line and approximately 45 <br /> feet from the western side lot line. At that time the O'Rourkes determined that they wanted to request an <br /> after-the-fact variance for the structure to remain at the current location. Staff informed the applicants <br /> that there was no hardship present in order to receive Staff approval for a variance of this type and <br /> PAGE 22 <br />