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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 17,2002 <br /> 6:30 o'clock p.m. <br /> (#02-2769 MARK AND PAM PALM, Continued) <br /> There were no public comments in reference to this application. <br /> /Rafinsatiāœ“d that he preferred that the dormers be rotated as it will better reflect the look of the home. <br /> Bellows complimented Mr. Palm for the idea and felt by doing the rotation the massing effect would be <br /> significantly reduced. <br /> Smith moved,Rahn seconded, approving Application#02-2769,Mark and Pam Palm, 1447 Park <br /> Drive,granting of variances for replacement of existing garage to be located 5' from the adjacent <br /> side property line. VOTE: Ayes 6,Nays 0. <br /> NEW BUSINESS <br /> (#6)#02-2793 REVIS L. STEPHENSON III, 1850 FOX RIDGE ROAD,AFTER-THE-FACT <br /> VARIANCE/CUP 7:38 p.m.-8:58 p.m. <br /> Weinberger reported that in November, 2001 the Council approved a Conditional Use Permit for land <br /> alteration on the property over 500 cubic yards. The project required clear cutting the slope and <br /> depositing 3,280 cubic yards of fill, the purpose was to create a gradual slope rather than the existing <br /> steep drop from the immediate back yard of the house. The source of the fill was the Orono Woods <br /> apartment building located at the northwest corner of Highway 12 and Brown Road. <br /> At the time of the approval,Weinberger explained that the property owner stated that some existing less <br /> mature trees would be removed with the intent to replant once the fill was placed on the hillside. <br /> Additional trees were to be added to the property where existing trees could not be used. The hillside <br /> was not to be a maintained lawn area that is mowed,but was to be left to restore itself naturally. <br /> Weinberger noted that during routine inspections of the property it was determined that the amount of fill <br /> placed on the hillside had exceeded what was allowed by the Conditional Use Permit. The City of Orono <br /> requested the property owner have a new survey completed to indicate where the land elevations had <br /> changed and by how much. The new survey completed by Gronberg and Associates, dated 6/6/02, <br /> confirmed the land alteration not only encroached beyond the project area,but went beyond the property <br /> lines onto adjacent properties. Staff also identified areas where the fill had been added within 26' of the <br /> protected wetland.. Weinberger continued that staff sent correspondence ordering Mr. Stephenson to <br /> correct the work; however,the May 16, 2002 deadline was not met. MCWD also had issued a stop work <br /> request. Instead, Mr. Stephenson requested the opportunity to apply for an after-the-fact conditional use <br /> permit to permit additional land alteration beyond the previous approval, combined with a joint <br /> application including neighboring property owners, and an after-the-fact variance to permit the deposit of <br /> fill within 26' of a wetland. <br /> With regard to land alteration, Weinberger referred to Exhibits B, C, and D that illustrate what the land <br /> alteration conditions are comparing the pre-existing, approved, and actual elevations of the hillside. The <br /> elevation of the backyard is 966',with the lowest wetland elevation of 938'. The total drop of the <br /> hillside is 28'.Weinberger stated that the approved plan indicated an overall slope would be decreased to <br /> PAGE 10 OF 29 <br />