09/19/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, September 19,2005 6:00 o'clock p.m. 5. #05-3136 TROY BROITZMAN, 1860 SHORELINE DRIVE,VARIANCE AND CONDITIONAL USE PERMIT,8:33 P.M.—8:47 P.M. Troy Broitzman,Applicant,was present. Curtis noted this application was discussed at the August 15t meeting. At that time the application was tabled and the applicant was directed to work with the City Engineer to achieve a grading and drainage plan that was acceptable to the City. The applicant has submitted a revised plan for review based on the City Engineer's comments. The applicant is requesting a lot width variance in order to construct a new home on the property as well as a conditional use permit due to the grading proposed to create walk-outs on the front and the back of the home. Curtis stated the applicant has not changed the plans with respect to the walkouts but has reworked the site grading in an attempt to satisfy the City Engineer's comments. The applicant has indicated that the engineered plans for the retaining walls exceeding four feet in height will be submitted with the building permit application per the City Engineer's recommendation. In addition,the applicant has indicated to Staff that the adjacent property owners support the application and are willing to allow a temporary construction easement in order for the applicant to construct the retaining walls, some of which are located five feet from the property line. Planning Staff recommends approval of the lot width variance. The applicant is proposing to export approximately 5,400 cubic yards of fill from the site,which is the equivalent of approximately 500 to 550 truckloads of material to be hauled off of the site. Curtis stated the existing home on the lot does have a walkout design and another walkout home could potentially be constructed on the lot. Staff feels,however,that the current plan could be the result of forcing two walkouts and contrived site grading on the property inconsistent with the immediate neighborhood. If the Planning Commission feels that the grading as proposed is appropriate for the site and the adjacent neighborhood and the site is suitable for a home with a walkout basement on the front and rear,then the conditional use permit should be granted. However, should the Planning Commission find that the site grading is too extreme,creating a contrived walkout that will be out of character with the neighborhood and will have a negative impact on neighboring properties,the proposed plan should be denied. If the Planning Commission finds that the grading plan is suitable and recommends approval, Staff would recommend that the retaining wall engineered plans be submitted prior to the issuance of a building permit and the temporary construction easements be submitted prior to Council review. Rahn inquired whether the elevations have changed since the last meeting. Curtis stated the elevations did not change. Broitzman indicated the elevations did change to make it appear as a lookout. Broitzman indicated he included a retaining wall across the front of the house. Broitzman stated the drainage has been worked out to comply with the City Engineer's recommendations. PAGE 19