06/20/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 20,2005 • 6:00 o'clock p.m. 6. #05-3100 LARRY AND SHERYL PALM, 1146 WILDHURST TRAIL,VARIANCE,6:36 P.M.—7:02 P.M. Larry and Sheryl Palm,Applicants,were present. Gundlach stated this application appeared at the May Planning Commission meeting requesting lot area and lot width variances as well as a conditional use permit to allow construction of a new residence. Gundlach indicated the application was tabled to allow the city engineer to review the various submitted drainage and grading plans. Gundlach stated the city engineer and building inspector met on site to discuss an appropriate grading plan that would benefit the neighbors,protect the interests of the City, and be somewhat of a compromise of the four different plans submitted by the applicant. Gundlach stated the city engineer and building inspector concluded that a retaining wall extended slightly over the lot line would be the best solution, with an easement being granted by the neighbor for the encroaching wall to allow future maintenance. In addition, the city engineer is recommending that a rain garden or similar feature be included in the plan at the point where the two swales meet on the lakeside of the home. Gundlach indicated the purpose of the rain garden would be to dissipate the energy of the runoff in an effort to prevent erosion into the lake. Gundlach noted the applicant has agreed to extend the retaining wall onto the adjoining property slightly but is opposed to the rain garden. The applicant has submitted a maintenance/owner agreement relating to the retaining wall that has been signed by both parties. Gundlach indicated it is her understanding the adjoining property owner does not want to grant an easement. Staff recommends approval of the requested lot area and lot width variances and approval of the conditional use permit to allow retaining walls and grading within five feet of the lot line. However,the plan submitted and attached to this report as Exhibit A must be revised prior to Council review pending conclusions by the Planning Commission regarding the following: 1. Requirement of a rain garden or an alternate graded landscape feature that will spread water out over a wider area where the swales converge on the lakeside of the walls,rather than concentrating the water at the end of the swales to a single point; 2. The wall design should be revised on the grading plan whereby the tail end of the wall extends over the lot line. The length of this wall should be minimized; 3. Agreement with the adjacent property owner on the ownership and maintenance of the wall constructed over the lot line; 4. Screening of the walls from the lake. Rahn inquired whether Staff has a grading plan that has been reviewed and approved by the City Engineer. PAGE 8