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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 16,2009 <br /> 6:30 o'clock p.m. <br /> (#2009-00730 THOMAS AND VIRGINIA SMITH,2105 SUGARWOOD DRIVE,CONTINUED) <br /> proposal. Steingas stated he did address the Sugarwood's architectural review committee and they are <br /> aware of the situation. <br /> Schoenzeit asked whether a variance will be required. <br /> Curtis indicated a variance is not required but that this is merely a request for a waiver from the <br /> Sugarwood covenants. <br /> Schoenzeit asked whether the City has the authority to waive the covenants. <br /> Curtis stated the City does have the power to waive or change those covenants as it relates to this <br /> development. The City Engineer is currently working with the applicant's engineer to determine the most <br /> appropriate drainage and grading. <br /> Schoenzeit asked whether the grading plan would go before the City Council. <br /> Curtis stated if the Planning Commission approves the request,the application would not need to go <br /> before the City Council for final approval,but that if the Planning Commission denies the request,the <br /> applicant does have the ability to go before the City Council to appeal their decision. <br /> Rahn asked who originally created the covenants. <br /> Steingas indicated it would be the developer, Sid Rebers. Steingas noted the neighbors do not want a <br /> drainage easement through their property and that he needs to work with Bonestroo on that issue. <br /> Chair Kang opened the public hearing at 8:47 p.m. <br /> There were no public comments regarding this application. <br /> Chair Kang closed the public hearing at 8:47 p.m. <br /> Schoenzeit moved,Rahn seconded,to approve Application#2009-00730,Thomas and Virginia <br /> Smith,2105 Sugarwood Drive,Request for Waiver of Sugar Woods Covenants. VOTE: Ayes 5, <br /> Nays 0. <br /> PLANNING CONIMISSION COMMENTS <br /> 7. REPORT OF PLANIVING COMMISSION REPRESENTATIVES ATTENDING <br /> COUNCIL MEETINGS OCTOBER 26,2009,AND NOVEMBER 9,2009 <br /> Schoenzeit reported on the October 26`�'City Council, and noted that a major topic of discussion was <br /> parking for the Dakota Trail in the Bayview neighborhood. The City Council requested that Three Rivers <br /> study the situation further and develop an overall parking plan for the Dakota Trail in Orono. Schoenzeit <br /> Page <br /> 17 <br />