02-23-2000 Planning Commission Minutes

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ORONO PLANNING COMMISSION MINUTES FOR FEBRUARY 23, 2000 • (#2486 Elaine Erickson, Continued) in the first set of house plans. The Applicant has submitted several sets of revised plans, with the latest set of plans calling for the elimination of the side yard setback. The Applicant is requesting variances to lot coverage and hardcover coverage in the 0-75' and 75-250'setback areas, with a conditional use permit still being necessary. The bulge that the Applicant is seeking to remove occurred in 1975, when the owner of the adjacent property did some grading work on his property and a walkout was created. Bottenberg stated since that time, the City has denied a number of requests for similar grading to create walkout situations when they involved excavating in the 0-75' zone. The Applicants have been advised by Orono's building inspector that one option to correct the incorrect grading on the adjoining property would be to remove the trees and level it out to flow more with the other properties. Bottenberg stated this option, however, would be inconsistent with the zoning code and with the policies of the Comprehensive Plan. Bottenberg indicated the Applicant will need to relocate the existing well should this plan be approved since it will be located underneath the new residence. Bottenberg stated the Applicant is proposing total structural coverage in the amount of 1,584 square feet, or 16 percent, where 15 percent is permitted, and hardcover in the 0-75' setback of 5.84 percent where 0 percent hardcover is allowed. The Applicant is also proposing hardcover in the 75-250' setback of 48.6 percent, where 25 percent is allowed. Bottenberg stated the hardcover variance in the 0-75' setback area will be reduced to 0 percent if grading is permitted and the proposed residence and deck are relocated further back on the lot out of the 0-75' setback area. Bottenberg noted if grading is permitted, the sidewalk and steps will no longer be needed. City Staff is recommending denial of the conditional use permit to permit grading or excavating within 75' of the lakeshore due to conflict with the Comprehensive Plan. Nancy Anderson stated the biggest issue they are faced with is attempting to construct a single-story handicapped accessible residence to meet her mother's needs. Anderson commented they have attempted to reduce the size of the residence as much as they feel is economically feasible in order to retain its resale value. Anderson stated it is difficult to find a suitable building pad which will meet all of the City's requirements, noting they would like to do some grading on the lot in order to correct the drainage on the lot and to make the lot flatter. Jeff Olson stated he personally is not in favor of altering the lakeshore, but in his opinion some action needs to be taken in order to correct the drainage and remove the bulge that was created from some previous grading work that was completed on the adjoining property. Olson stated his mother would like to construct this new residence so her daughter, who lives next door, will be able to take care of her. Hawn stated the Planning Commission will need to address in further detail what the Applicants are proposing for the lakeshore side of the property. Hirsch stated they would like to remove some dirt to create a walkout to the north. Hawn stated typically the Planning Commission does not allow grading within 75' of the lakeshore and the Planning Commission cannot grant a conditional use permit to allow grading in that area simply because some incorrect grading has occurred on the adjoining property. Hawn acknowledged some incorrect drainage does currently exist on this property, which should be addressed. Hawn 4111 stated ideally it would be better to correct the grade on the adjoining property, but due to the lack of an engineer's report, the Planning Commission is not able to determine what ideally should be done Page 8