09-15-1997 Planning Commission Minutes

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• ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15, 1997 ( #11 - #2290 Elaine and Steve Silus - Continued) Van Zomeren reported that the application was reviewed earlier in 1997. Pictures of the property were distributed. The applicants received variances for average lakeshore setback for construction of a deck, hardcover, and structural coverage. There was concern for saving trees at that time. The 3 -car garage is a side load with a driveway about 5' from the lot line. The plan was submitted to the Building Inspector, Lyle Oman, in June of 1997 with the addition of a boulder wall along the driveway that had not been previously reviewed. The proposal is to allow grading within 5' of the property line for a boulder wall for the house under construction. Staff is concerned with the hardcover calculations being incorrect and affected in the 75 -250' setback and 250' -500' setback. Van Zomeren said Greg Gappa has recommended that boulders not be used as engineering is difficult. Staff recommends denial of a boulder wall for replacement with an engineered wall to be located 5' from the property line. A retaining wall would be allowed in the 10' required side yard if it does not exceed 6' in height. Hardcover variances may still be required. The City Engineer's approval is also required. Silus said he received the information packet on Saturday. He reported that he knew prior to • construction that access would be difficult. The builder had approved on -site the building of the wall 2' off the lot line. The builder had told Silus that he did not need a variance. Silus said the grade of the garage was lowered per instructions from the building inspector and new footings were poured. u Schroeder told Silus that the builder must know that a variance was required. He also indicated that the public was improperly notified, which would require tabling of the application to allow for proper notification. Van Zomeren indicated that the public notification list was from December, 1996, and she originally thought only a side yard variance was required. It was determined that a CUP would be required for grading and the legal notice did not specify this requirement. Silus said he originally submitted the application with Gaffron and had a conversation with Hawn regarding hardcover. He indicated he is not requesting approval of additional hardcover and had originally reduced it. He said he is attempting to extend out the garage portion only. Lindquist read a letter from Mr. & Mrs. Spilseth in opposition to the hardcover and proximity to their property line being requested in the application. 30