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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 /> Spencer commented that would be more detrimental in her view than a gazebo located further away <br /> from the lake. <br /> Kempf stated the gazebo is located approximately 15 feet from the existing deck and that he does not <br /> recall the area being that uneven. <br /> Spencer indicated the ground in that area is uneven. <br /> Ritter stated there is a hill on either side of the house that makes it difficult for his client to access the <br /> back yard from the front. <br /> Kempf inquired whether the area where the gazebo is proposed to be located is fairly flat. <br /> Ritter stated that part of the yard is flat. Ritter indicated the patios were designed to be transition areas <br /> so the property owner could access the back yard. Ritter stated it is his understanding a property <br /> owner has the right to make their back yard functional. <br /> Jurgens stated a gazebo is not necessary to make a back yard functional and usable. <br /> Ritter noted the property is located on a swamp. <br /> Jurgens stated there might be some reasoning for the pathway to the back yard but that the portion <br /> where the gazebo is located is flat and a pathway is not needed to access that portion of the property. <br /> Jurgens indicated he is not in favor of the current design or the amount of hardcover being proposed. <br /> Ritter reiterated that the reason for a variance is to make a back yard functional and usable. <br /> Rahn indicated he is not aware of that language being contained in the code. <br /> Gundlach indicated she also is not aware of that. <br /> Leslie stated the two plateaus in the back yard do not prohibit the applicant from enjoying the back <br /> yard. Leslie stated the property owner has access to the back yard through the lower level of the house <br /> and access to the front yard from the upper level of the residence. Leslie stated the back yard is being <br /> used today and is accessible. Leslie stated in his opinion the absence of a gazebo does not make the <br /> back yard nonfunctional. <br /> Ritter inquired what detriment there would be to the environment or to the property if a gazebo were <br /> constructed as proposed. <br /> PAGE 19 <br />