06/16/03 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, June 16, 2003 6:00 o'clock p.m. (#4 #03-2905 HEIDI B. NAGEL, Continued) Hawn moved, Chair Smith seconded, to table Application #03-2905, Heidi Nagel, 995 Wildhurst Trail, for the purpose of review. VOTE: Ayes 6, Nays 0. (#5) #03-2906 RICHARD ROBERTS, 1937 FAGERNESS POINT ROAD,AFTER-THE- FACT VARIANCES, 7:22-7:49 PM. Richard Roberts, the applicant, was present. Gaffron explained that the applicant was requesting after-the-fact approval for construction of a retaining wall and stairway system in the 0-75' setback zone, constituting hardcover and structure where none is normally allowed. Staff recommends partial approval only, to allow for a 4'wide stairway but deny the retaining walls on the lake side of the road; and denial or request further design detail for a retaining wall within the property on the north(house) side of the road. The current owner was granted a variance in 1991 to construct a new home on the property to replace an old cabin. That approval required that a cribbed sand volleyball court underlain by plastic sheeting on the lake side of the road be made non-hardcover. The sand area was eventually removed but the cribbing remained in place for a time. This spring applicant was found to be constructing new retaining walls in the 0-75'zone between the road and the lake, and the job was stopped by the building inspector(see letter of 4-15-03). Gaffron noted that the applicant indicated he intended to make the access to the dock safer by adding a stairway. This area where walls are proposed had a slope of approximately 1:6 or 17% for a 10-15'distance, easily maintainable and not requiring retaining walls for support. This area was not hardcover in 1991 and has never been approved for hardcover. Parking boats or vehicles on it would create hardcover by default. It is staff's conclusion that applicant is attempting to create a new flat storage or parking area in the 0-75' zone, as evident from the current storage of a boat trailer noted on 6-11-03. Gaffron continued, stating that staff has also advised applicant about apparent illegal boat slip rental at the site, as 2 of 3 boats stored at his dock are not registered to this property. In addition, Gaffron stated that along the house side of the street, applicant states he wishes to replace an old retaining wall that is now gone, to hold up the bank and make this area easier to maintain. Replacement of that wall in the right-of-way is not something staff would support. If it is replaced within the property boundaries, this will potentially create a parking area along the street. This is a narrow street, and applicant's driveway already has capacity for storing at least 4 vehicles. If this wall is allowed to be replaced, staff would recommend that the area outside of the 3' gravel shoulder be maintained in grass rather than be graveled or paved for parking area. After reviewing 5 issues for consideration, Gaffron restated the staff recommendation that the retaining wall system on the lake side of the road be denied, and the applicant directed to remove Page 9 of 22