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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 /> (#05-3077 Barry and Robin O'Rourke,Continued) <br /> advised the applicants again to remove the building. The applicants maintain that there was no other <br /> viable location for the lean-to and proceeded with the after-the-fact variance application. <br /> The applicants are requesting after-the-fact variances in order to allow continued construction of a <br /> 16' by 48' lean-to horse shelter structure less than 2 feet from the rear property line and 45 feet from the <br /> western side lot line where a 75' setback from all property lines is required for a structure used for the <br /> keeping of horses. <br /> Staff finds that based on the size of this property there is no hardship for a setback variance and that <br /> granting of this variance would serve as merely a convenience to the applicants. Therefore,Planning <br /> Staff recommends denial of the after-the-fact variance. Staff is also recommending that the partially <br /> constructed lean-to be removed immediately weather permitting. <br /> Mrs. O'Rourke apologized for commencing construction on the lean-to,noting that they were not aware <br /> that a building permit was required for an unenclosed structure. O'Rourke indicated the lean-to is <br /> designed to shelter the horses from the north wind. <br /> O'Rourke stated the lean-to needs to be within the paddocks that do house the horses, and that if she is <br /> required to meet the 75-foot setback, the lean-to would be located completely outside of one of the <br /> paddocks. In order to meet the rear setback, the lean-to would be too close to the barn and too close to the <br /> fence line. O'Rourke indicated she is unable to move the fence line because of utilities in the area, and if <br /> the lean-to is located further east,there is a wooded area, which is the natural drainage for the area. <br /> O'Rourke stated they have spent thousands of dollars in an attempt to correct the drainage in that area, <br /> with drainage ditches being constructed all the way out to County Road 6 to hit the storm drains. <br /> O'Rourke stated she would like to retain the trees. <br /> O'Rourke stated in her opinion she has a hardship due to the location of the existing structure and the <br /> need to locate the lean-to in close proximity to the paddocks. <br /> Rahn asked for public comment concerning this application. <br /> Stephen Mann, 2275 Cox Trail,indicated he is the property owner to the northeast. Mann stated in his <br /> opinion a structure of this size should be located further away from the property line than 16 inches. <br /> Mr. O'Rourke noted the lean-to is not located 16 inches from Mr. Mann's property. <br /> Curtis noted each commissioner should have in front of them a letter sent by Paul Phillips. <br /> Jurgens inquired where in relation to the O'Rourke's lot the Phillips property is located. <br /> O'Rourke indicated he lives at the end of Phillips Drive, which is northeast from their property. <br /> Winkey inquired if the lean-to could be constructed in the right-hand area. <br /> PAGE 23 <br />