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ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#12) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD -VARIANCE AND CONDITIONAL USE PERMIT-9:42-10:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron reported this is a request for variances for hardcover as well as a variance and conditional use permit for grading within 5' of a lot line for construction of a new residence to replace the existing home on the property.· This is a conforming lot as to lot area, and meets the 80% width standard for the LR-lC zone. Applicant proposes to tear down the house and garage, and replace it with a house that meets the lakeshore setback and side setbacks. The applicant proposes to lower the top of the hill, and this requires grading within the 0-75' and 75-250' zones. Grading in the site would result in fill from the new basement excavation being placed near the road to accommodate a new attached garage. The applicant proposes a walkout which requires excavation in the 0-75' zone. Gaffron noted that staff recommends approval of a hardcover variance, but because of the loss of mature trees, it is difficult to recommend cutting down the hill. Staff also recommends denial of the excavation to create a walkout based on past City practice and the goals and policies against shoreline topography changes as noted in the Comprehensive Plan. The applicant noted he bought this property with the intent to build a walkout residence. He stated that the neighbors are in favor of cutting down the hill, and this would make a more gradual slope from the lake. Lindquist asked if the hardcover calculations were done by a surveyor. Applicant replied no but he felt they are accurate. Gaffron noted he only included the hardcover items shown on the survey. Hawn asked if this was a bluff. Gaffron replied it did not meet the criteria to be cons.idered as a bluff. Mrs. O'Keefe said there is a hardship, as they need something on the south side of the lot to get to the garage, noting the topography of the site. Lindquist asked for any public comments. There were none. Applicant noted that grading in the 0-7 5' zone will be necessary to remove the present house, so that excavation to create a walkout would not require much additional work. Gaffron noted that the problem is there will still be a substantial cutting in the 0-75' zone to create a walkout once the present foundation is removed and the site brought back to match existing grades. 12