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( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 16, 2009 6:30 o'clock p.m. (#09-3428 MICHAEL AND MARILYN HUTHW AITE, 3382 BAYSIDE ROAD, CONTINUED) ten feet from the previous plan. This shifting of the home to the north allows for only an 11-foot setback from the side lot line and adjacent neighbor 's property where a 30-foot setback is required. A 16-foot setback was initially proposed. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as native vegetation buffers, rain gardens , pavers, etc., was encouraged. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. Staff still believes the design of the house does not fit the constraints of the property. The shape of the house seems to be a desire of the applicants to re-recreate their existing residence rather than design a home better suited to the property. 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. 4. Approval of the proposed side and street setback variances as revised. The creek setback encroachment could be further improved upon; however, Staff feels the applicants have met the direction of the Planning Commission. 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in conjunction with the following: a . Implementation of the proposed mitigation measures consisting of native vegetation areas between the home and the creek. b. Patios, sidewalks, courtyard and driveway to be constructed using pavers. Mr. Huthwaite stated they would like to purchase this property for their retirement home and that there are a number of problems with the current house, which is the reason for their proposal to raze the structure and construct a new residence. The creek is a Management III wetland, which is a minimum type of wetland, and their plan helps to mitigate the erosion that is presently occurring. As previously mentioned, a substantial amount of work has been done to their plans. The garage has been reduced, the size of the living/dining room area has been reduced, and the patio areas have also been reduced. As a result of that, the house has been re-angled and relocated further north. The hardcover area in the 0-75 foot zone has been reduced by approximately 1,000 square feet. Given the changes , Mr. Huthwaite requested the Planning Commission approve their application. Rahn asked what the setback is for the existing home on the side with the proposed 11-foot setback.