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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 4. Denial of the proposed creek, side and street setback variances as proposed . The footprint of the proposed home should be reduced in an attempt to meet some or all of the setback requirements particularly the creek setback . 5. Approval of some level of hardcover variances as the Planning Commi s sion deems appropriate in conjunction with the following: a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet of the creek. b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission deems appropriate. I) Provision of mitigation measures including rain gardens and/or native vegetation areas between the home and the creek . 2) Patios , sidewalks , courtyard and driveway to be constructed using pavers. Jeremy Steiner, Attorney-at-Law, stated the applicants do not believe any significant changes to the footprint or orientation of the house are warranted or appropriate . Steiner stated the standards for granting a variance have been met based upon their hardship statement . Variances allow flexibility from the City 's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot was created in 1942 according to the city 's records. The need for the variances is that certain ordinances were adopted after the construction of the house . The current house and driveway both encroach on the creek. In addition , Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the City relative to the creek handicap the property owner. The applicant feels the extent of the variances and the size and orientation of the house are reasonable . The current house is 67 years old and has been abandoned for approximately the last two years . The house in its current state is a detriment to the neighborhood and a new house would be a benefit and a definite improvement. Steiner stated to his knowledge the twenty or so letters received from the neighbors do not express an y opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed to construct a reasonable home on the property, they will not be purchasing the property, and given the state of the real estate market, it is likely this property wil I remain unsold for a number of y ears. There currently is erosion and trees that are being undermined by the erosion , which will cause an issue in a couple of years. The applicants propose to improve that area, which will improve the water quality and make the area safer. Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. The Huthwaites are proposing to reduce the hardcover in the area near the creek, which is also an improvement The plan has been very well thought out and is a significant benefit to the City . Rick Hendel , Builder, stated this is a difficult lot to work with and that they have attempted to design a house that would fit well on the lot and still be attractive. The dri veway is proposed to be located on the Page6