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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 /> Bremer reiterated that Mr. Floyd's written document is part of the record of this application and will <br /> continue to be so. Bremer requested Mr. Floyd limit his comments to new issues. <br /> Floyd inquired whether the stone structures located at the end of the main driveway are nonconforming <br /> since they are located both within the roadway easement and also within 75 feet of the lake. <br /> Bremer stated generally speaking there are certain structures throughout the City that existed prior to the <br /> City adopting a code regulating their use and that those are considered legal nonconforming structures. <br /> Floyd stated those structures are new and have been constructed within the last four years. Floyd asked if <br /> those are a violation of the current laws. <br /> Bremer requested Mr. Floyd direct those questions to the City Attorney. Bremer stated the City Attorney <br /> would be in attendance at the City Council meeting and that the Planning Commission does not make <br /> legal decisions but acts as a recommending body to the Council. <br /> Floyd inquired whether the new city attorney is currently on staff. <br /> Gaffron stated the new city attorney is actively on duty as of last Monday. <br /> Floyd indicated he has attempted to deal with Mr. Barrett but that he has not received any response from <br /> him. <br /> Bremer requested that the contact information for the new city attorney be provided to Mr. Floyd. <br /> Bremer pointed out the Planning Commission is not in a position to answer questions regarding the <br /> legality of certain items. <br /> Bremer stated she would like to see a better survey provided on this application. <br /> Floyd questioned whether action could be taken on this application if those questions cannot be answered. <br /> Floyd commented the submittal of a proper survey is a common part of the Planning Commission process <br /> and that these issues are routinely discussed at Planning Commission meetings. <br /> Bremer stated she does not have the data at the present time to comment on the legality of various <br /> structures located on the property. <br /> Leslie stated the Planning Commission could condition their action on this application, with the city <br /> attorney making the ultimate determination on the legality of certain structures, and that the Planning <br /> Commission would take action based on all the data in front of them. <br /> Floyd stated if the Planning Commission is saying that this is not a trespassing act,he would take issue <br /> with that. <br /> PAGE 29 <br />