03/15/2004 Planning Commission Minutes

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MINUTES OF THE • ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#5. #04-2988 SEAN AND LEAH DALEY, 605 PARK LANE, AFTER-THE-FACT VARIANCE—Continued) that the decks were non-compliant. Applicant was told the square footage on the home was the maximum allowable footprint as long as you stay within the existing footprint with improvements. They started simply trying to repair the decks, but that turned into having to replace the decks. Chair Smith stated that if permits had been properly applied for that the commission likely wouldn't have granted them at the time. Applicant asked what is the difference between repair and replacement. Chair Smith stated that the decks installed by the previous owners shouldn't have been there in the first place. Chair Smith answered the applicant's questions by stating that the commission could allow for safe landings out of doors,but not allowing for the reconstruction of the deck in its full size, as it previously existed before it started to rot. Gaffron said that the building inspector would likely go out and view the deck with the applicant or his builder and look at what needs to be replaced, what can be salvaged and normally if it looks like it will be more than what can be easily replaced the inspector will consider it a total re- build. Gaffron further stated that in many circumstances repairs do turn into re-builds. Rahn asked how many square feet in the decks? He voiced concern on how the square footage went from 110 square feet approved in 1986 to 259 square feet currently. Zugschwert asked for the current deck size today? 225 square feet total, including the stairs (not the upper deck). (Exhibit B). The upper deck is over the lower deck. Rahn asked if the sliding doors on the home at the upper deck were always there. Applicant confirmed the doors were always there. Rahn inquired about the shed. Audience member Shannon Berger, 594 Parkway, moved in five years before the applicants and the stated that the shed was there. Berger stated that the deck was very unsafe for young children. Audience member John Erickson, 1620 Shadywood, stated he believes applicant should be able to replace the old decks because the real estate agent represented the property as conforming. They are trying to retain what they have. Curtis stated the gravel portion of the driveway is 220 square feet. A 599 square foot driveway with backup apron was approved in 1986 and the hardcover today includes the current blacktop driveway of 573 square feet and gravel portion of 220 square feet totaling 793 square feet. Page 13 of 48