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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. City Engineer's recommendations and the Watershed District recommendations; and relocating the house five to six feet further back. VOTE: Ayes 5, Nays 1, Zullo Opposed. Zullo stated she would like to see the final plans showing the relocation of the house and the drainage for this lot prior to moving the application forward to the City Council. NEW BUSINESS 6. 2001 SUGAR WOODS DRIVE -APPEAL OF WORK IN PROTECTED AREAS, 7:50-8:05 P.M. Andy Anderson, Applicant, was present. Gaf:fron stated the applicant has filed an application seeking to waive the requirements or standards of the covenants of the Sugar Woods Development. The first part of the application involves removal of trees greater than two inches in diameter within the required yards and the second part involves grading within the required yards. A special review procedure was established by the City in dealing with requests of owners who are unable to meet the special standards agreed upon by both the City and Developer Sid Rebers in the early 1990s for the Planned Residential Development of the Sugar Woods subdivision. The Anderson application includes the following: 1. A request to vary from the standard that prohibits the removal of trees greater than 2 inches diameter at four feet above grade, within the "no grading zone/woodlands protection area,", i.e., in the setback areas defined within each lot. Tree removal is proposed to allow for grading to help eliminate existing drainage problems on the site. Tree replacement is proposed. 2. A request to allow grading within the protected area, to help solve the drainage problems on the site. Council has approved an abbreviated process for all such requests whereby the Planning Commission shall assume the sole responsibility for the review and final recommendation regarding the special requests. Each applicant shall have the right of appeal to the Council of all decisions of the Planning Commission. In other words, should the application be denied or a tie vote occurs, the applicant would have the option to then proceed before the Council. This is brought to the Council as an appeal and would involve payment of a fee. The applicant is a resident of Sugar Woods and is replacing his existing home. Staff has been advised by the applicant that the Sugar Woods Homeowners Association has reviewed the house and site plans and has granted their approval. There are a number of factors with the applicant's site that could be considered as unique or limiting site conditions: PAGE 13