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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 19, 2009 6:30 o'clock p.m. #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED square feet of hardcover in the driveway and courtyard , there are 3 15 square feet of proposed retaining walls and a proposed foot bridge spanning the creek. Since the earthwork will take place within the creek located within the 0-75 foot zone and exceeds I 0 cubic yards, a conditional use permit is required. The applicants are working with the MCWD on the stream bank stabilization project. The proposed bridge over Stubbs Bay Creek poses a number of issues. First, Orono Code prohibits structures within 75 feet o this protected tributary. Second, the bridge constitutes hardcover within 75 feet of the tributary, which is not allowed . Additionally, the bridge cannot be considered the equivalent of a stairway, lit, landing, or lockbox that would be allowed at the shoreline of a lake because it is not needed for access to the shore due to the presence of a bluff or steep slope. Also, the bridge would appear to function merely as an amenity to the property and does not provide necessary access to a portion of the property that is lacking accessibility because the property south of the creek can be accessed directly from the public roads in the immediate vicinity. There is also a concern that should the creek reach a level that would inundate the bridge of its underpinnings, the bridge could fail and be swept downstream and conceivably contribute to blockage of the culvert under Bayside Road , causing flooding. For all these reasons, Staff recommends that the proposed bridge not be allowed. The Planning Commission should consider the following issues: 1. Will the proposed home be compatible with the surrounding neighborhood? 2. What is the impact of the creek setback variance on hardcover? 3. How does the size of the proposed home impact location as it relates to the setback variances as well as the hardcover variances? 4. How may the hardcover impacts be offset? The applicants have proposed native plantings in conjunction with this project between the proposed home and the creek. Precedent has been set regarding approval of the requested lot area variances. The City routinely grants these types ofrequests when no other land is available for acquisition , the lot was legally created prior to adoption of the current zoning standards, and a house existing on the lot when the current zoning standards were adopted. Planning Staff recommends the following: 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank stabilization and the City Engineer's recommendations. 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax parcel prior to the issuance of a building permit and compliance with the wetland buffer requirements. -----------------Page 5