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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,October 18,2004 <br /> 6:00 o'clock p.m. <br /> (#04-3042 Pillar Homes,Continued) <br /> Shermack stated he had proceeded forward with the project based on good ethics and business <br /> practices and was not informed of a requirement for a conditional use permit. <br /> Rahn stated in his view the drainage issues can be resolved by working with the City Engineer and that <br /> the visual impact needs to be considered. <br /> Leslie commented the irony of the situation is if the contractor wants to lessen the impact of the hill, <br /> more fill is needed. <br /> Kempf inquired whether public comment had been requested. <br /> Rahn indicated he did ask for public comment on this application and no one stepped forward. <br /> Shermack stated he has had numerous meetings with the majority of the neighbors during the various <br /> stages of the construction and that in his opinion they would be here if they were opposed to this <br /> project in any way. Shermack stated it is his understanding that the majority of the neighbors are not <br /> opposed to this project. <br /> Fritzler stated in his opinion more and more fill was added in an attempt to improve the appearance of <br /> the lot and that approval should have been obtained before the additional fill was brought in. <br /> Jurgens stated in his opinion the Planning Commission needs to address this situation and send a <br /> message to other residents that property owners are not allowed to do whatever they want on their lot <br /> without checking to see whether they need approval. Jurgens noted he is a surveyor by profession and <br /> that as part of his job he is required to verify that the requirements of the City are being met. <br /> Shermack indicated he would be willing to make a contribution to the Park Fund,but that in his <br /> opinion he was following what he was directed to do by City Staff. Shermack stated he attempted to <br /> go far beyond what was expected in order to make everyone happy and that he simply was not told <br /> about the need to obtain a conditional use permit. <br /> Leslie moved,Kempf seconded,to recommend approval of#04-3042,Pillar Homes on behalf of <br /> Roger and Carol Rovick, 1625 Bohns Point Road,granting of an after-the-fact conditional use <br /> permit to allow 3,940 cubic yards of fill,subject to the City Engineer approving any <br /> modifications to current grade to ensure no excess or additional runoff occurs from this <br /> property to the neighboring properties. VOTE: Ayes 5,Nays 2,Jurgens and Fritzler opposed. <br /> Jurgens indicated he feels that contractors need to be made accountable for what they do. <br /> Fritzler stated due to the amount of excess fill that was brought in, it was not a small error and the <br /> contractor should have known that approval by the City was required. <br /> PAGE 13 <br />