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MINUTES OF THE ORONO PLANNING COMMISSION.MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#05-3164 CITY OF ORONO, CONSERVATION DESIGN ORDINANCE, CONTINUED) Rahn stated in his view it did not sound like Staff was surprised by the comments and that they have taken them into consideration already . Rahn stated the City has approved numerous applications without this ordinance but still took measures to protect the environment and that he would not be opposed to moving the application forward to the City Council. Schoenzeit noted public comments would be allowed at the Council level. Leskinen commented in her view the ordinance has been discussed thoroughly over the past few months and that if the City Council feels it is necessary to send it back to the Planning Commission , that would be another option. Rice moved, Rahn seconded, to recommend approval of Application #05-3164, City of Orono, Conservation Design Ordinance. VOTE: Ayes 5, Nays 0. 3. #09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, VARIANCES, 6:59 P.M. -7:35 .P.M. Michael and Marilyn Huthwaite, Applicants, were present along with Jeremy Steiner, Attorney-at-Law , and Rick Hendel, Builder. Curtis noted this application was tabled at the October Planning Commission meeting. The applicant originally was requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek as well as lot area, creek setback, and hardcover within the 0-75 foot and 75-250 setback zone variances in order to construct a replacement residence. At that time the Planning Commission directed the applicant to address the following: 1. The footprint of the home should be reduced in order to better fit within the required street, side, and creek setback. The creek setback was identifi e d as a priority. 2. The attached garage could be reduced in order to alleviate a portion of the encroachment into the creek setback. In addition , the Planning Commission seemed to feel the CUP for stream bank stabilization and the variances for the proposed crossing or footbridge over the creek were acceptable. The applicants have reduced the overall size of the home footprint by only 167 square feet. However, they have reduced the proposed patios , reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75-foot creek setback. Their initial proposal was for 2 ,322 square feet of hardcover within the 0-75 foot zone. Their revision reflects a 965 square foot reduction within this zone. The revisions result in 365 additional proposed square feet within the 75-250 foot zone . The revision also proposes to meet the 50-foot setback on the western Bayside portion of the prope1ty and will only be two feet short of the 50-foot setback on the Crestview side of the lot. Moving the home farther from the creek results in a 60-foot setback where 75 feet is required , which is an improvement of ----------------------------------------------------------------------------------------------------------------------------------------Page 5 --------------------------------------------------------------------------------------------------------------------------------------------