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3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 6:58 P.M. -8:08 P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law, and Rick Hendel , Builder. Curtis stated the applicant is requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek to construct a replacement residence and lot area, creek setback, and hardcover variances within the 0-75 foot zone and the 75-250 foot setback zone. The property consists of four separate tax parcels under one address where a home has existed for a number of years. The subject property lies within the LR-IA zoning district, contains Stubbs Bay Creek and wetland. The redevelopment of the property has also triggered the application of the City's wetland regulations, requiring a buffer. The combined area of the four lots is 34,400 square feet or .79 acres when the zoning district requires two acres. The existing home meets the street and side yard setback requirements . The applicants' proposed home does not meet any yard setback requirements. They have proposed a 41.2 foot setback from Crestview, which will essentially become their front/street yard with the driveway reorientation; a 48 .2 foot setback from Bayside Road is proposed where a SO-foot setback is required from both streets . They have proposed 16 .9 foot to 24-foot setbacks from the side lot lines where 30 feet is required. The house would be as close as 48 feet to the creek when the shore land regulations require a 75-foot setback. The gravel driveway and attached garage on the existing home on the property were located entirely within the 75-foot creek setback. Hardcover in the 0-75 foot zone is proposed to be 11.24 percent, reduced slightly from the existing 11.4 percent. Hardcover within the 75-250 zone jumps from an existing 11 .1 percent to 33.6 percent proposed. In addition to the proposed 3 ,682 square foot home and 715 square feet of proposed patio, and 2 ,018 #09-3428 MICHAEL AND MARILYN HUTHW AITE, CONTINUED square feet of hardcover in the driveway and courtyard, there are 315 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 10 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.