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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,January 17,2006 <br /> 6:00 o'clock p.m. <br /> (#06-3171 JOHN AND JOAN BROOKS, CONTINUED) <br /> Staff finds that the proposed deck and stairway relocation and reconstruction results in a slight hardcover <br /> reduction on the property and results in structure being located further from the shoreline. In considering <br /> whether the deck could be located in a more conforming location, Staff would note that the only portion <br /> of the lower yard mare than 75 feet from the shore is a small 10' by 20' triangle 90 feet west of the <br /> accessory building and located in the 100-year floodplain below elevation 931.5'. From a visual <br /> perspective, Staff feels that approval of the requested variances will have no negative impacts. <br /> If the Planning Commission concludes that the proposed deck size and location is appropriate, it may be <br /> worthy of consideration to determine whether any other areas of hardcover on the site, in either the 0-75' <br /> or 75'-250' zones, should be removed. <br /> Albertsson stated she would like to point out that the deck would also be lowered in elevation. The deck <br /> is currently four feet about grade level and would be further shielded from view of the lake. Albertsson <br /> stated landscaping would also help shield the deck from the lake. <br /> Jean Gorborino stated the applicants would also like to do some shoreline native plantings to try to restore <br /> the shoreline, which would also help screen the deck structure. <br /> Bremer asked whether there were any public comments regarding this application. <br /> Robert Floyd, 960 West Ferndale Road, stated he did provide a written statement concerning this <br /> application. <br /> Floyd inquired whether anyone on the Planning Commission has any business or social contact with the <br /> Brookses or with their attorney. <br /> Bremer indicated she is unsure what the purpose of the question is. <br /> Floyd stated the purpose of the question is to make sure there are no conflicts of interest. <br /> Bremer stated anyone with a conflict typically recuse themselves. <br /> Floyd noted the fence issue was not included in the public notice. Floyd referenced a letter he had <br /> received dated December 31, 2002. The letter states the fence must be removed by January 15, 2003, as a <br /> result of a court decision. Floyd read from a letter he received from the City of Orono that states that the <br /> City does not allow any gated fence to be constructed within 75 feet of the lakeshore. <br /> Floyd stated he has learned today that the Brookses' fence apparently does not need a variance, and <br /> inquired why they are required to fulfill one set of requirements and other people are required to ful�ll <br /> other inferior requirements. <br /> Floyd stated as far as the driveway is concerned,they have a court order stating that it is their exclusive <br /> property, with the courts denying access to the Brooks. Floyd stated they have abided by that court order <br /> PAGE 27 <br />