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. (#3 #03-2904 RICHARD S. BROWN, Continued) and portions are outside of the property boundaries and potentially encroach on required wetland setbacks. Gaffron pointed out that the applicant has proposed certain hardcover removals to reduce hardcover from the existing 50.8% down to 45.6%, where only 35% is allowed. The original hardcover submittal proposed hardcover at exactly 35%, which was accepted by the City and under which a building permit was issued in October 1998. This property had been the subject of a variance for lot area and width as well as front/side/rear setbacks,but no hardcover variance had been granted. With regard to retaining walls,wetland and right-of-way encroachments, Gaffron noted that the site contains many boulder and keystone retaining walls which add to the hardcover and support the many and varied garages and entry points to the house, or provide for flat rather than sloped yard areas. The previous owner/builder did not obtain permits nor disclose his intent to the City prior to constructing the walls, as few are shown on plans submitted to the City before or during construction. In addition to constituting hardcover, certain walls along the east and south lot lines are in City right-of-way and/or appear to encroach within 26' of wetlands. The wetland to the east was preliminarily delineated in December according to the survey; the City has no knowledge of a final delineation. It is possible that the walls encroach into defined wetland areas protected by the City and other agencies. Gaffron shared additional issues for consideration: 1. The hardcover on the site far exceeds that allowed by City Codes. 2. The applicant knew when he purchased the property that hardcover was excessive and he agreed to bring it into compliance in order to obtain a Temporary Certificate of Occupancy for the residence. 3. Once the applicant became aware of the magnitude of hardcover excess, he chose to request an after-the-fact variance rather than bring the property into compliance. 4. Certain improvements to the property were constructed in City right-of-ways without prior authorization, and some of the improvements potentially encroach within the boundaries of or within the required setbacks of a protected wetland; the degree of such encroachment is yet unknown. 5. The applicant proposes certain removals which reduce the excess hardcover by 1/3,but which still leave hardcover at a level of 45.9% or 2,122 s.f. in excess of the 35% limit. Should the applicant be required to reduce the hardcover to meet the 35% limit? 6. Does Planning Commission have any other issues or concerns with this application? Page 2 of 22