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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,July 18,2005 <br /> 6:00 o'clock p.m. <br /> (#05-3133 Bruce and Elizabeth Nusbaum, Continued) <br /> Mrs.Nusbaum inquired what the issue is with the story and a half structure. <br /> Rahn stated typically the side yard setback is 10-feet. Rahn inquired what hardship the applicants have <br /> for constructing the accessory structure within the side yard setback. <br /> Bremer stated due to the building being a story and a half,there would be more structure encroaching <br /> within the side yard setback. <br /> Rahn stated he would be more likely to allow a normal one-story garage within the side yard setback <br /> rather than a story and a half structure. <br /> Mrs.Nusbaum stated the Council had told them they could rebuild the garage with the same footprint as <br /> the previous garage. Nusbaum indicated they had to correct a drainage problem prior to constructing the <br /> garage and that they had the belief that the City would allow them to retain the garage in its original <br /> location. <br /> Rahn stated to his recollection the Planning Commission in the past has not permitted such a large <br /> structure to encroach within the side yard setback. Rahn expressed concerns that the applicants would <br /> have a difficult time maintaining the structure given the close proximity to the property line. <br /> Fritzler concurred that the proposed structure should be located outside of the side yard setback and that <br /> he does not see a hardship for the encroachment. <br /> Mr. Nusbaum stated it is impossible to shift the garage over without blocking the front entrance of the <br /> residence. <br /> Fritzler pointed out a hardship needs to be inherent to the land and not to the design of the house. Fritzler <br /> commented it does not appear that any effort has been taken to reduce the amount of hardcover on this lot. <br /> Curtis stated it would be difficult to reduce the hardcover on this lot. <br /> Winkey inquired whether a setback variance was granted in 1999 at the time that the Council approved <br /> the hardcover variance. <br /> Mrs.Nusbaum stated they were proposing to leave the original garage at the time they appeared before <br /> the City Council. <br /> Rahn inquired whether the applicants had intended to replace the original garage at the time the <br /> application for the new residence was approved. <br /> Mrs.Nusbaum stated the City Council had informed them that they could rebuild the garage if the same <br /> footprint was used. Nusbaum indicated they had to wait for the City to complete the necessary drainage <br /> work prior to constructing a garage. <br /> PAGE 3 <br />