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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,February 22,2005 <br /> 6:00 o'clock p.m. <br /> (#05-3086 Philip and Cassandra Ordway, Continued) <br /> Rahn commented it appears to be the type of lot that would allow for a tuck-under garage, which would <br /> also allow the walkout to remain. Rahn commented there are some design issues that could be <br /> considered and that he tends to agree with Staff's recommendations. <br /> Leslie inquired whether there was some agreement reached on the top of the bluff interpretation with <br /> staff. <br /> Ordway indicated his surveyor insists that his interpretation of top of the bluff should be accepted by the <br /> City of Orono since it has been accepted by a number of other cities. <br /> Leslie inquired whether Gaffron is confident that the City's interpretation is correct. <br /> Gaffron noted the applicants have incorporated the City's interpretation of top of the bluff into their <br /> present proposal. <br /> Bremer inquired how the surveyor's interpretation differed from the City's. <br /> Gaffron stated according to City Code,the top of the bluff means that point shown on the <br /> cross-section of G. Gaffron stated the applicants' surveyor misinterpreted the City's language partially <br /> contained on Exhibit G for top of the bluff and used an interpretation by other cities that have not <br /> changed their code to that exact definition. Gaffron noted the applicant was provided with <br /> documentation concerning the City's interpretation of the top of bluff. <br /> Gaffron stated if the surveyor's interpretation is utilized, it would result in a top of the bluff definition as <br /> if you were to stand on top of the bluff. Gaffron stated the City's interpretation of top of the bluff is <br /> slightly different than the other cities cited by the applicant. <br /> Ordway noted his surveyor's interpretation does fit with the legal language. <br /> Gaffron stated the city has been consistent with that interpretation in other top of the bluff situations. <br /> Fritzler indicated he did tour the property with a surveyor and that their way of thinking was more in <br /> line with the City's interpretation. <br /> Ordway noted they are not arguing with the City's interpretation. <br /> Mrs. Ordway stated they did request some clarification from the City in October,which they thought <br /> they were following <br /> Gaffron stated Staff did not have any inkling that the top of the bluff was incorrectly drawn until the <br /> surveyor submitted drawings and they were asked to review them. <br /> PAGE 17 <br />