11-18-2002 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2002 6:30 o'clock p.m. (#8) #02-2853 AULIK DESIGN CORP., 955 TONKAWA ROAD, Continued With regard to the conditional use permit, Bottenberg indicated that the proposal estimates approximately 2,360 cubic yards of fill will be brought onto the site. The fill will be used to create a level area to locate the house, provide good drainage, and create access to the site for motor vehicles. Bottenberg reported that staff recommends approval of the average lakeshore setback variance and conditional use permit for land alteration to construct a new residence on the property subject to six conditions highlighted in the staff report dated November 15, 2002. Due to varying elevations, Bottenberg shared concerns expressed by the resident residing at 975 Tonkawa with regard to runoff. Bottenberg shared City Engineer Tom Kellogg's recommendation that a 120' retaining wall be constructed to direct runoff towards the lake and away from the adjacent property to the south. Mr. Aulik expressed his desire to investigate alternatives to the 120' retaining wall recommended by the City Engineer. He believed that there could be less invasive ways to deal with the runoff issue than building a towering retaining wall In fact, he suggested and demonstrated with a 3-D model how they could direct the flow via the proposed landscaping and fill, to catch the runoff from the driveway in a swale and direct it towards the lake. Aulik stated that, unfortunately, everything drains towards the southerly neighbor and always has. He indicated that they would prefer to take positive steps to redirect the moisture, leaving the trees on the property line intact. With regard to the location of the home, Aulik stated that they would have proposed the home be setback even further had there not been setback issues with the sewer easements. In fact, Aulik noted that the sewer lines are not even built within the sewer easements originally dedicated for them, therefore he believed they could argue the easements be vacated. He argued that even if they were vacated, the home would still encroach approximately 30'. Given the current circumstances, Aulik stated the home was setback as far as it was allowed. Rahn stated that the last thing he would like to see is construction of a large retaining wall, when there are other alternatives worth investigating with the City Engineer. While uncertain why the City Engineer recommended a retaining wall, Gaffron indicated that further investigation would need to be done. He felt confident that a swale could work effectively. PAGE 10 of 29