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MINUTES OF THE <br /> ORONO PLAN1vING COMMISSION MEETING <br /> May 18,2009 • <br /> 6:30 o'clock p.m. <br /> (#09-3395 George Bagley, 1105 Ferndale Road West, Continued) <br /> Kempf noted the neighbors are in attendance at tonight's meeting and appear to be in favor of the project. <br /> Kempf stated in light of the applicants beirig agreeable with Staff's recommendations,he is generally in <br /> favor of the project. Kempf stated the outstanding issue appears to be the lakeside patio. <br /> Leskinen asked whether there are any other areas on the property where the hardcover could be reduced. <br /> Turner stated the City is limited in requiring removal of nonconformities and that it comes down to <br /> whether the patio existed in 1984. For anything that existed on the property since 1975, the City is not <br /> able to require the removal of it. <br /> Leskinen asked whether the patio is included in Staff's hardcover calculations. <br /> Turner indicated it is. <br /> Kempf asked whether the City has seen instances where hardcover or structures are not included on <br /> surveys. <br /> Turner noted this survey is from 1984 and that it is her belief hardcover regulations were not as strict and <br /> the surveys were not as detailed as they are currently. <br /> Kang indicated she is pleased the applicants are removing the concrete on the northwest side of the house. <br /> Kang commented it does not appear there is sufficient history to determine for sure when the patio came <br /> into existence and that based on that, she is not opposed to the patio remaining. <br /> Kempf noted this is a small, low lot and that it was his understanding the rip-rap is not in good condition. <br /> Kempf asked whether Staff recommends the rip-rap be replaced. <br /> Mitchell stated there is a high likelihood the new purchaser of the property will replace the rip-rap to <br /> protect their inveshnent. Mitchell concurred the property has fallen in disrepair. <br /> Kempf asked whether the applicant intends to construct the new house and then sell the property. <br /> Mitchell stated it depends on the housing market and that it is possible they would construct a spec house <br /> on the lot. <br /> Kempf moved,Rice seconded,to recommend approval of Application#09-3395, George N.Bagley <br /> on behalf of Ralph Colt Bagley Estate, 1105 Ferndale Road West,granting of a conditional use <br /> permit and variances,subject to the new driveway,new wallcway, and new patio (if replaced) <br /> having a permeable surface,if possible, and subject to the landscape plan including screening in the <br /> northwest corner between the two houses. VOTE: Ayes 5,Nays 0. <br /> PAGE 4 <br />