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) Chair Smith asked Cooper what he shared with the potential buyer. Cooper stated that he shared the inspection notice with Brown and that the attorneys drew up the appropriate documents. He stated that the original builder built the retaining walls, including the ones that encroach over the property line. Cooper noted that,while the numbers may have looked good on paper, once the exact measures were taken, the hardcover became an issue. Since both the planning department and building inspector review hardcover calculations, Gaffron maintained that had the builder built the home to original specifications it would have worked out. Cooper stated that he had met with Inspector Oman and felt that moving the retaining wall and curb wall would, in effect, solve the problems. Although unfortunate for Mr. Brown, Chair Smith stated that further removals would be necessary. Although the Public Works Director didn't care for the idea, Brown suggested he purchase the proposed street below his property and grant its easement back to the City. Gaffron discouraged the applicant from pursuing this avenue since the Public Works Director would not support the idea and no one knows what the future for that street holds. He did not believe the City would look favorably upon vacating the street. While the Commission could spend the entire evening discussing who said what to whom, Hawn suggested they assist the applicant in finding ways to reduce hardcover further. Bremer acknowledged the applicant for his attempts to work with the City; however, pointed out that paragraph 2 of the agreement does hold him accountable for the hardcover issues. While she empathized that there were time constraints involved and that the extent of the hardcover issues were not known, she encouraged the applicant to work with the City to come to an agreement. Brown stated that he would be willing to work with the City; however, was cautious to do so since he believed many people had not been honest with him from the start. He asked the Commission to ensure a fair process for him, adding that he had already spent a great deal of money to purchase the property and was hesitant to make changes that would greatly decrease its value. Gaffron pointed out that the proposed 8' driveways were now 12' wide, which could be reduced, and suggested that fabric in the rock beds be removed as a beginning. Cooper stated they could reduce the driveway and move the retaining wall off the property line. Page 5 of 22