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� MINUTES OF THE { ORONO PLA?�'NING COMMISSION MEETING � Monday,November 16, 2009 6:30 o'clock p.m. (#2009-00730 THOMAS AND VIRGINIA SMITH, 2105 StiGARWOOD DRIVE, CONTINUED) The City has received a letter today from the Sugar Woods Homeowners Association Board indicating they are not opposed to the project. The current plan continues to involve some grading within protected zones as well as the installation of retaining walls. The proposed retaining walls, although not individually greater than four feet in height, may appear to be 9-10 feet tall due to the tiered configuration. The intent of Mr. Rebers in establishing "no grading/no tree removal zones" in each lot and within the common outlot areas was to protect the natural woodland he had nurtured for a number of decades and to provide Sugar Woods with a unique character all its own. To a great extent his goals have been met, as Sugar Woods remains a heavily wooded neighborhood with homes in close proximity yet largely hidden from each other and from the passerby. To some extent the proposed grading is necessary to resolve drainage issues and minar tree removals are necessary to do the grading. �Iowever, the fact that the proposed residence is proposed to extend the full width of the building envelope makes it difficult to accommodate drainage without doing some grading within the setback areas. A smaller footprint and/or a different configuration may better suit the site. The new home is so close to the side setback lines that any attempt to minimize grading encroachment by adding retaining walls would place the walls in the protected zone. There is no immediate residence to the north, as there is a common outlot corridor north of the property. The woods behind this property are fairly dense and the next home is quite distant, so the impacts in the rear yard are minimized. The new home will have no flat back yard, and is proposed to be graded toward the rear of the home and then directed to the east. In order to construct an adequate driveway access to the site, grading must be conducted within the front setback area. Grading to access the site is acceptable; however, what is acceptable is the minimum grading necessary to construct the maximum 20 feet wide, straight driveway as allowed within the covenants. The driveway as proposed curves into the site and a significant portion of the driveway parking pad area is located within the front setback area. The covenants do not allow for the parking area to extend into the setback area. From Staff's perspective, the grading outside the building areas will most negatively affect some significant and mostly small diameter trees. Only the significant trees have been shown on the plans. It is critical that consideration is given to the tree removals and the proposed planting plan in terms of maintaining the privacy and wooded feel of Sugar Woods. Staff would recommend that the Planning Commission pay particular attention to the replanting plan in determining whether it will suitably re-establish the intended natural barriers. Curtis noted the applicant does have the right to appeal the Planning Commission's decision to the City Council. Steingas stated he is willing to work with Staff to correct the drainage issues and to re-establish the plantings. The natural grade to this neighborhood is above the drainage on this property and that the runoff currently goes across their building pad, which is what they are attempting to correct with this _ Page _ _. _ __ _ _ _ ... ___. 16