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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 /> (#04-3055 Dr.Martha Spencer,Continued) <br /> Staff is recommending denial of the variances as requested as there is no hardship present to support <br /> the request. <br /> Ritter stated there are grade changes in the rear of the yard that they are attempting to accommodate in <br /> order to allow the property owner access to her rear yard. Ritter stated the property is located on a <br /> swamp,which makes the property almost unusable during the summertime due to the mosquitoes. <br /> Ritter stated they are attempting to make the back yard functional and usable. <br /> Rahn noted the property owner is allowed a pathway on a descending slope to the wetland. Rahn <br /> inquired why one of the decks could not be screened in. <br /> Spencer pointed out if the deck was screened in, it would obstruct her view from the house and cut <br /> down on the amount of light that is allowed in. <br /> Rahn stated according to the elevations, it appears the roof of the gazebo would be at about eye level. <br /> Ritter pointed out the law requiring a 150-foot setback was not put into effect until 1994,with Mrs. <br /> Spencer residing in this property for 20 years. <br /> There were no public comments concerning this application. <br /> Kempf stated he has toured this property and also felt the deck could be screened in. Kempf stated he <br /> understands that does limit the light into the residence somewhat,but that the applicant must make a <br /> choice on what type of hardcover she would like in order to help protect French Lake. <br /> Ritter reiterated that that law was not implemented until 1994,with his client residing in that residence <br /> for ten years prior to that. <br /> Curtis stated the 1994 law that Mr. Ritter is discussing is the adoption of the Shoreland Overlay <br /> Ordinance that identified French Lake as a natural environment lake requiring a 150-foot setback. <br /> Curtis stated the amount of allowable hardcover in the 0-75' setback zone was not changed at that time <br /> and has remained the same since the late 1970's. <br /> Jurgens noted there currently is a variance for the hardcover on the property. <br /> Spencer pointed out that the existing hardcover is less than what had existed previously on the <br /> property. <br /> Jurgens inquired whether the applicant would be willing to trade a deck for a gazebo. Jurgens stated <br /> the applicant is allowed a certain amount of hardcover but that he would not be in favor of increasing <br /> the hardcover that currently exists on the property since there does not appear to be a hardship. <br /> PAGE 17 <br />