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1vIINUTES OF THE ORONO PLANNING CONilv.ITSSION :MEETING HELD ON MARCH 16, 1998 (#10) #2348 Mary Jane Hauser -Continued) Bressler reviewed the issues #1-8 as noted in the memorandum. Bressler noted that the proposed driveway takes advantage of the existing grades. The alternative suggestion would result in extensive grading. Bressler said Staff recommended denial of the variance as the driveway and deck could be reconfigured to meet the requirements. Attorney Bruce Malkerson, representing the Hauser's, provided additional information to the Commission. He felt the hardcover ordinance data does not support the requirement. He said the revised plan is typical of homes found in this area of the lake and Orono. Malkerson referenced the existing asphalt driveway and the sharp rise to the treed area. If the driveway was placed elsewhere to reduce the amount of hardcover, Malkerson said it would result in cutting through the treed area and causing headlights from vehicles shining into the neighboring homes. While acknowledging that the plan is new construction, Malkerson said the existing lot with landscaping and grades reflect where the best location is for the home and driveway. Bressler informed the Commission that Staff is not advocating for the new driveway but believe the existing driveway could be altered to reduce hardcover. Berg informed Malkerson that the proposal is for new construction. Malkerson responded that the proposed house size is normal for this area. Smith asked Malkerson if it is the applicant's preference to maintain the plan for the residence as proposed and place the drivewav in the treed area to reduce the amount of hardcover bv 4%. Malkerson said that is the applicant's intent given the size of their family. Malkerson reviewed the hardcover allowance according to State law and felt it was not binding upon the City. Malkerson referenced the lot configuration in speaking about the applicant's hardship in substantiating the plan noting the lot was twice as wide as long. Malkerson also noted that the surface runoff goes into the lake untreated, and while it was the City's responsibility to treat the runoff, his client was willing to treat the runoff on his property via the pond. Malkerson said the intent of the hardcover regulations was to enable the cities to liberally grant variances, and cities have changed that intent. He felt the intent of proving hardship was not that there was no other use for the property but to give cities flexibility in granting variances. Malkerson felt the limited excess of hardcover over the standard is reasonable and meets the requirements of allowing the variance. Mr. Hauser said the plan has been revised many times with keeping in mind the 14' drop in grade. He felt any other location for the driveway would be unsatisfactory. Hauser felt the house has been scaled back as much as possible. Hauser said his neighbors support his plan. 21