04/19/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (8. #04-3002 G & L LAND INVESTMENT, LLC, 740 NORTH ARM DRIVE, VARIANCE— Continued) Chair Mabusth moved, Rahn seconded, to recommend denial of Application #04-3002 G&L Land Investment, LLC, 740 North Arm Drive, to allow the existing non-conforming accessory structure, known as a boathouse, to remain on the lot in conjunction with a rebuild of the principal structure, to support acquiring an easement along the shore from the property owners as being beneficial, and to have staff work with the applicant in the removal of the boathouse to insure that the increased potential for environmental damage is assessed and responded to in a manner consistent with precedence for other severe slope sites. VOTE: Ayes 7, Nays 0. The applicant thanked the Planning Commission for their consideration and time spent on the application. 9. #04-3003 BRUCE AND KRIS PADDOCK AND GEORGE W. STICKNEY, 3250 FOX STREET, PRELIMINARY SUBDIVISION, PUBLIC HEARING (10:15-10:50 p.m.) George Stickney, the applicant, was present. Gundlach explained the applicant is requesting preliminary plat approval to create three (3) lots on one block at 3250 Fox Street to be known as Maxwell Bay Estates. The lot is currently about fourteen (14) acres and contains one house with approximately 650' of shoreline. She reported the site was given preliminary approval by the Planning Commission on November 17, 2003 for 6 lots with a private roadway. This application was withdrawn due to the neighborhood resistance, however, prior to its withdrawal, an Environmental Assessment Worksheet review was petitioned and the City Council determined there were no potentials for significant environmental effects per the resolution included as Exhibit J of the Planning Commission agenda packet. Subsequently, the applicants submitted an application for three lots all to be served by a private driveway and all exceeding two (2) acres, meeting the LR-1A lot area requirement. The lots have lake access and meet the lot width and at the lake and at the 75' setback line. Gundlach advised the City Engineer has not yet reviewed the proposed drainage plan specifics although he has approved the general concept. The City Engineer and staff believe that any of his comments will not change any lot layouts or their overall functionality. Gundlach illustrated the proposed two dry pond areas with a small berm and drain tile on both interior lot lines. She stated the drainage plan achieves the rate control requirement for the new lots, with the runoff rate control to be the same post-development as pre-development and easements will be taken over the dry pond areas. The City Engineer comments will be provided prior to City Council review. Gundlach summarized the major Issues for Consideration is: 1. Should the applicants be required to use the septic site located on the street side of the proposed house pads rather than the sites on the lakeside even though they meet state standards? Page 40 of 49