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MINUTES OF THE ORONO CITY COUNCIL MEETING October 23,2000 (#16) #2630 GREGG AND STEPHANIE LARSEN, 1380 REST POINT ROAD - VARIANCES - RESOLUTION NO. 4552 Gregg and Stephanie Larsen, Applicants, were present. Weinberger stated this application is two-fold. The Applicants are requesting a conditional use permit to replace some existing retaining walls. Currently there are three retaining walls located within the 0-75’ setback. The Applicants are proposing to combine the upper two walls as one and to keep the lower one, which is closer to the lake, making two walls rather than the three that currently exist. Since retaining walls are considered hardcover, a variance is needed to permit hardcover within the 0-75’ setback area. The Applicants are also requesting a hardcover variance to permit construction of a brick patio on the lakeside of the existing residence replacing a wood deck that the Applicant has already removed. The Planning Commission has reviewed this application at their last meeting, with the intent of the Plaiming Commission being to start with the total hardcover amount that existed on the da.te of the survey, subtract out the portion that is existing landscape plastic/fabric, which the Applicant must remove, and add back the amount of deck square footage that was removed prior to the survey. Weinberger stated the amount of hardcover that exists today, minus the landscape fabric, consists of 4,084 square feet on the propert>’. Added to that figure was 135 square feet for the deck that had been removed. The Planning Conunission had incorrectly stated that the amount of hardcover to be allowed would be 4,506 square feet, which in fact the calculation results in a hardcover allowance of ^,219 square feet. Weinberger stated the motion in the draft minutes of the Planning Commission was to allow hardcover in the 75-250’ zone at a level of 4,506 square feet or 49.8 percent. The motion was to approve Application #2630 for Gregg and Stephanie Larsen, 1380 Rest Point Road, a variance to build a patio no bigger than was previously on the propert>’. We’re approving a variance, basically a hardcover variance, not to exceed 4,506 square feet in the 75-250’ and to approve the variance ir the 0-75’ up to 882 square feet. This motion does include the removal of all the landscape fabric on the property. The motion was modified to add the six recommendations from the Cit>’ Engineer’s letter and submittal of a landscape plan for screening of the retaining walls. The motion was approved on a vote of 5-0. Weinberger stated during the discussion regarding the amount of hardcover on the property, the Applicant inquired whether he would be able to trade existing driveway in e.\change for a larger patio than 135 square feet. The Planning Commission did not give clear direction in this regard. Staff is suggesting that it would be inconsistent to allow such a drivew ay for deck tradeoff when hardcover is so e.xcessive on the site. The Applicants have recently purchased the property, with this site having received a variance back in 1987 to allow a room and attached garage addition. Hardcover allowed by that variance in the 75-250’ zone was 2,833 square feet for the house/garage/porch, 810 square feet for driveway, and 100 square feet for landscape areas, for a total of 3,743 square feet. The e.xisting house/garage/porch has not changed significantly except for removal of the 135 square foot deck, with the existing driveway having been increased from 810 square feet to 1,299 square feet without PAGE 9