03-18-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 18,2002 6:30 o'clock p.m. (#5) #02-2745 ILONA AND KENNETH PETERSON, 1074 WILDHURST TRAIL, VARIANCES Ken Peterson,Applicant,and Jack Carter, Contractor,were present. Weinberger stated the Applicants are requesting variances to permit construction of a new house and detached garage on the property. The variance is to permit land alteration and construction of the garage on the property. The Planning Commission had reviewed this item at their February 19th meeting and determined the garage should be shifted out of the wetland area,noting the preferred option would be to have the garage located within the front yard setback rather than encroach into the wetland. Weinberger stated the garage is a two level structure,with the ground needing to be raised to provide driveway access to serve the two garage stalls. Weinberger stated the idea for the two-stall garage is to provide additional storage on the property as well as inside parking for two vehicles. Weinberger indicated the majority of the property is located within the wetland buffer. The Applicants have submitted a revised plan with the garage being shifted closer to the street and now located completely out of the wetland area. The proposed grade changes for the garage are also outside the wetland area. A variance is required to allow the garage to encroach into the front setback. Weinberger indicated the City Engineer has agreed to a 10-foot setback rather than a 15-foot setback from the south property line. Weinberger stated a minimal amount of grading would be needed to the front of the proposed residence,with the revised plan moving the house and decks outside the 26-foot buffer area. Weinberger stated the final issue discussed at the previous Planning Commission meeting dealt with the dual access proposed to the site. The Applicants are now proposing to relocate the access further to the north, which provides driveway access to both the lower and upper levels of the garage. The Public Works Director has reviewed the plan and is agreeable to the proposed access. Staff recommends approval of the application based on the hardships noted subject to the six conditions outlined in Staff's Report. Weinberger noted there are different methods for determining wetland boundaries today than when the property was originally platted back in 1991,which has resulted in a larger wetland than originally believed. Weinberger stated the property consists of almost two acres if the wetlands are included,with the buildable area being approximately one acre. Weinberger noted the Watershed District has issued a permit for this application,with the Applicant mitigating and creating new wetland areas consisting of approximately 2,100 square feet. Weinberger noted the actual wetland would not be impacted by this proposal,with some impact to the 26' buffer area. Peterson stated they have attempted to address all the issues that were raised at the previous Planning Commission meeting. Hawn stated in her opinion the Applicants have addressed the Planning Commission's concerns. Rahn inquired if the Applicants are still required to do mitigation of wetlands since they will only be impacting the buffer area. Weinberger stated there is no mitigation requirement if it does not actually impact the wetland,but noted that was a condition of approval required by the Watershed District. Weinberger stated the PAGE 2