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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 18,2012 <br /> 6:30 o'clock p.m. <br /> Walsh commented that no one is happy when someone goes and builds a structure without the proper <br /> permits. Walsh noted the applicant would have been able to construct what he did had he obtained a <br /> permit. <br /> Levang moved,Walsh seconded,to recommend approval of Application#12-3558,Mark Duenow, <br /> 1525 Minnie Avenue,granting of an after-the-fact side setback variance,subject to approval by the <br /> building inspector. VOTE: Ayes 6,Nays 0. <br /> *7. #12-3559 KENT&JUDITH HODDER,2640 NORTH SHORE DRIVE,VARIANCE <br /> Levang moved,Thiesse seconded,to recommend approval of Application#12-3559,Kent and <br /> Judith Hodder,2640 North Shore Drive,granting of a variance to allow the construction of an <br /> oversized accessory structure to be located nearer the front or street lot line than the p,rincipal <br /> residence structure. VOTE: Ayes 6,Nays 0. , <br /> 8. #12-3560 STONEWOOD,LLC,ON BEHALF OF MATT AND NEENA KISSNER,3205 <br /> GRAHAM HILL ROAD,AFTER-THE-FACT CONDITIONAL USE PERMIT,9:23 P.M.-9:40 <br /> P.M. <br /> Sven Gustafson,Developer,was present. <br /> Gaffron stated the applicant is requesting an after-the-fact conditional use permit to authorize land <br /> alteration activities to elevate and alter the existing natural grade for construction of a new residence on <br /> this vacant lot. In early 2011,construction on a house was begun on the adjacent Lot 2. The excess fill <br /> from that site was pushed on to vacant Lot 1. The developer was anticipating that fill would eventually be <br /> needed for Lot 1 to make it more buildable for a walkout situation. The fill was done without City <br /> approvals and was essentially completed by the time the City discovered it. The developer indicated he <br /> would make the appropriate applications for approval of this new fill,which did not occur before the lot <br /> was sold for development in December of 2011. <br /> Lot 1 is now being proposed for a new home. When the plans came in a month ago, Staff determined that <br /> the house as proposed as three stories by definition where only 2-1/2 stories are allowed,based on both <br /> the original pre-existing topography and the post-fill topography. The applicants have subsequently <br /> lowered the house deeper into the ground and are asking for an after-the-fact CUP for the 2011 fill so that <br /> they can establish the 2011 fill as existing grade for defining building height. Added as much as six feet <br /> of fill in some places. <br /> The question is how the fill has affected the neighborhood. With regard to this application,as it relates to <br /> Section 78-966, conditional use permit review,Items 2, 6, 7, 8, 9 and 13 are generally applicable. The <br /> applicants are generally in compliance with Items 2, 6, 7,and 8. A key element of the code is the � <br /> requirement that"structures shall not e artificially raised above the pre-existing surrounding topography. <br /> . This code language was established many years ago to avoid situations where grading is done that would <br /> result in homes with contrived basements that are at or above the pre-existing grade. The city has, <br /> however, commonly allowed the esta.blishment of new existing grades at the time of subdivision where <br /> topographic conditions dictate that building pads be approved and created at the time of subdivision <br /> infrastructure development. <br /> Page <br /> 25 <br />