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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,Apri116,2007 <br /> 6:00 o'clock p.m. <br /> (#07-3284 Michael Sharratt,Continued) <br /> Gaffron stated if no further motions are forthcoming,this application would go before the Council with <br /> a tie vote. <br /> Zullo inquired whether the issue is the location of the pool. <br /> Rice stated the Planning Commission needs to look at whether there is a hardship for granting the <br /> variances and that the applicant already has reasonable use of the property. <br /> Curtis stated the City Attorney has been speaking with Staff relating to hardship and that the Planning <br /> Commission has the ability to also consider whether the applicant's request is reasonable and approve it <br /> on that basis. <br /> Zullo moved to recommend approval of Application#07-3284,Sharratt Design on behalf of Tom <br /> and Kristen Ritchie,2507 Kelly Avenue, as submitted,not based on hardship but based on the <br /> � fact that this is a reasonable replacement for the stewardship of th'e property to reduce hardcover. <br /> Motion failed due to a lack of a second. <br /> Sharratt stated there is a nonconforming situation that currently exists and the question the Planning <br /> Commission should ask whether the proposal improves the situation. <br /> Gaffron stated the situation that exists is technically not nonconforming but rather illegally � <br /> ' nonconfornung and the Planning Commission should take into consideration what is fair and what is <br /> reasonable for this lot. <br /> Gaffron stated Staff would recommend that the Planning Commission consider whether the hardcover <br /> could be reduced to 25 percent, and if it cannot be,then look at the variance request. <br /> Kempf inquired how much total hardcover is being requested. . <br /> Curtis stated there is a net loss on the entire property. <br /> Kroeger stated the proposed pool adds hardcover to the lot. , <br /> Gaffron stated what exists is 10,177 square feet of hardcover,which is 1330 square feet over what has <br /> been legally allowed. Gaffron stated with the proposed changes,the property would be over by <br /> approximately six hundred and some square feet of hardcover,but that the applicant is also proposing to <br /> add a rain garden and a buffer. Gaffron recommended the Planning Commission exercise caution when <br /> considering all the benefits that they are being told they will receive in granting additional hardcover <br /> over what is allowed. <br /> Kroeger inquired how many square feet exist in the illegal patio. <br /> � , , <br /> . PAGE 36 <br />