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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, August 18, 2014 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 14 of 33  <br />  <br />Yarosh stated the Planning Commission should feel free to discuss the issue of whether it is right to <br />consider the application at this point given the Special Lot Combination Agreement. <br /> <br />Renee Meerkins, 1135 North Arm Drive, stated they would prefer not to be here tonight and that they <br />consider themselves friendly neighbors. Meerkins stated after receiving the notice for the public hearing <br />and knowing that similar requests have been rejected by four other councils, they felt they should attend. <br /> <br />Meerkins indicated they purchased their property in 1993 knowing that that lot was not a buildable lot. <br />Meerkins stated they have a view that they have enjoyed for 20 years. Currently the view to the north, <br />when they are on their deck, consists of seeing the top of a rooftop of the neighbor’s garage. Meerkins <br />indicated they are also able to look down to the lake and to the left. Meerkins noted Lot 9 had an existing <br />house prior to the new house being constructed and that their view to the left now consists of a rooftop, <br />which does block their view somewhat and creates a tunnel effect. Meerkins stated a house on the <br />subject property would further block their view of the lake. Meerkins stated they are really concerned <br />about the impacts this proposal would have on their view and their property value. <br /> <br />Chair Leskinen closed the public hearing at 7:46 p.m. <br /> <br />Thiesse asked why this application is before the Planning Commission. <br /> <br />Gaffron stated there is a lawsuit pending against the City regarding the un-combination of the Alness’ <br />residential property and this lakeshore lot. <br /> <br />Thiesse asked whether the City should wait until that lawsuit is resolved before deciding on this <br />application. <br /> <br />Gaffron indicated the City Attorney has suggested that it would be appropriate to get this issue in front of <br />the City Council. <br /> <br />Thiesse asked if the Planning Commission votes yes on this application, whether there would still be a <br />lawsuit. <br /> <br />Gaffron stated there likely will be a lawsuit no matter how the Planning Commission votes tonight. <br /> <br />Thiesse stated he would again raise the question of why this is before the Planning Commission when <br />there is an unresolved lawsuit. Thiesse stated there is a property owner that wants to construct a house on <br />a lot that was combined to provide them with lakeshore access and a dock, the neighbors do not want the <br />applicants to construct there, and the neighbors also have a lot that does not have a house on it. Thiesse <br />stated neither one of them believed they had a buildable lot at the time they purchased the property. <br />Thiesse stated given the fact that there is a Special Lot Combination Agreement, he is not sure why the <br />Planning Commission should be looking at it. <br /> <br />McGrann asked if the Planning Commission has to vote one way or the other tonight. <br /> <br />Gaffron indicated it is Staff’s recommendation that the Planning Commission make a motion on the <br />application tonight. If no recommendation is forthcoming, Staff would like the Planning Commission to <br />refer the application to the City Council. Gaffron indicated he has not contemplated what the <br />ramifications would be if no recommendation is made by the Planning Commission. <br />Item #01 - PC Agenda - 09/15/2014 <br />Approval of Planning Commission Minutes <br />[Page 14 of 33]