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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, September 15, 2014 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 35 of 59  <br />  <br />Malik stated he believes they are on the subject property. <br /> <br />Leskinen stated if the trees are on the subject property and beyond the 75-foot zone, it is out of the <br />jurisdiction of the Planning Commission. Leskinen stated the developer is now aware of it. <br /> <br />Landgraver commented it begs the question of why the second developer has to put in the landscaping <br />when the other person did not have to and that the Planning Commission may not be able to do anything <br />about it. Landgraver suggested the developer take the neighbor’s comments into consideration. <br /> <br />Leskinen stated she would have had a concern if the tree was in the fire lane, but since it is not, it is <br />outside the scope of the Planning Commission. <br /> <br />Berg moved, Lemke seconded, to recommend approval of Application No. 14-3689, Sven Gustafson, <br />2490 Carman Street, granting of a 15-foot side street setback variance subject to the conditions <br />recommended by Staff. VOTE: Ayes 7, Nays 0. <br /> <br />7. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID <br />07-117-23-43-0026) VARIANCES AND CONDITIONAL USE PERMIT, 9:21 P.M. – 9:47 P.M. <br /> <br />Fred Johnson with Tonka Lake Properties, Applicant, was present. <br /> <br />Gaffron stated the applicant is requesting lot area and width variances, a rear setback variance, a side <br />street setback variance, an average lakeshore setback variance, and a conditional use permit and variance <br />for filling within 75 feet of the lake in excess of ten cubic yards. Gaffron noted this same application was <br />before the Planning Commission approximately one year ago and it was denied at that time. Gaffron <br />stated this application is virtually the same proposal as last time. <br /> <br />Gaffron noted Staff has prepared an extensive and detailed Staff report which he will not go into great <br />depth on, but that Staff is recommending denial of all of the variances. In relation to the lake setback <br />variance, Gaffron stated the applicants are not requesting one at this time, but in meeting the 75-foot <br />lakeshore setback, placement of even a small residence would require substantial rear setback variances. <br />Item #01 - PC Agenda - 10/20/2014 <br />Approval of Planning Commission Minutes 09/15/2014 <br />[Page 35 of 59]