09/15/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15,2014 6:30 o'clock p.m. 75-foot setback but,however,began conducting the site work before applying for and obtaining permits for land alterations and wall installation. As a result, a stop work order was issued. Staff and the City's engineer met with the applicants and their contractor on site a number of times in an attempt to gain an understanding of their intended plan to remove vegetation and conduct some minor land alterations to level the yard preparing for sod. An after-the-fact administrative zoning permit was issued based on discussions with the property owners. As the work progressed,it seemed the grading work exceeded the limits of the administrative permit. In addition,it appears more trees within the 75- foot setback had been cut. Another stop work order was posted. Without a survey detailing the previous conditions of the property,it is nearly impossible to accurately calculate the total amount of the disturbance. However,the City Engineer's visual observations at the beginning of the process when Staff inspected the site to the most recent activity estimates the clearing and movement on the site to exceed ten cubic yards,which is the administrative level. At this time the applicants are requesting an after-the-fact conditional use permit approval to complete the land alteration activities within 75 feet of the lake. The boulder wall under construction is located outside of the 75-foot setback and therefore does not result in an increase in hardcover. The applicants have provided a suggested landscape plan. Conditionally permitted uses must be reviewed using the criteria found in the zoning code. The drainage patterns created by the grading plan for the site should not cause an increase in runoff impacting the adjacent properties. The City Engineer has provided comments and states that a revised grading plan should be provided which addresses his concerns. In addition,the resulting grade should allow for continuation of a drainage swale that has existed between the applicants' property and the property to the north historically. Approval of the conditional use permit for the proposed grading should be limited to the minimal amount necessary to create their level yard and should not have an impact on surrounding lands. The grading activity has appeared to result in the removal of additional mature trees in the lake yard and may have induced stress to some of the remaining trees. Removal of loss of the mature trees may result in a Page 2 of 59