06/21/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21, 2004 6:00 o'clock p.m. (3. #04-3010 THEODORE L. CAPRA,3534 IVY PLACE,VARIANCE, CONDITIONAL USE PERMIT, PUBLIC HEARING - continued) Gundlach recommended denial of both the hardcover variance and conditional use permit request. She indicated the applicant has an option to revise his plan to incorporate a smaller detached garage or reduce the total foot print in order to achieve 25%hardcover within the 75'-250' zone. Also, the applicant could revise his plan to incorporate minimal grading only as needed to remove the existing retaining wall, noting the proposed amount of grading is unnecessary to achieve a walk/out style house. Mr. Capra, applicant, pointed out his proposal decreases the hardcover from 49%to 32.8%. He indicated that he thought rock retaining walls were undesirable so, instead, proposed substantial lakeside grading. If it were possible, he wished to install two rock retaining walls instead of grading the entire slope. Mr. Capra commented that he believed his new house would greatly enhance the property instead of the existing old house. He explained he had already installed a shoreline riprap wall. Chair Mabusth asked to see Mr. Capra's photos of the shoreline riprap wall. Mr. Capra provided the photos to members of the Planning Commission. Chair Mabusth inquired of staff if there were signs of erosion on the property. Gundlach replied that the proposed retaining walls were not on the applicant's grading plans and she had not observed any slope failures. Chair Mabusth asked if lakeside grading would be necessary if the house were moved further back from the lakeshore. Gundlach explained that the City Engineer and the applicant's architect think the proposed house can be built without grading in the lakeside yard but fill would be required for the street and side yard. Mr. Capra explained that after re-consideration of the substantial amount of lakeside grading proposed, he now would like to pursue installation of retaining walls. Chair Mabusth recommended tabling the conditional use permit request for grading in the 0'-75' zone until Mr. Capra finalizes his grading plan. She stated it was difficult for her to approve of a hardcover variance on a property that meets the width and area standards for its zoning district. Rahn concurred with Chair Mabusth's and staff's denial recommendation,pointing out that it is a conforming site and he did not see any valid hardship. Mr. Capra commented that Ivy Place is very narrow and has no on-street parking. He also wanted the larger garage space for inside storage of sports equipment. Kempf remarked that on-street parking is better than some other streets because Mr. Capra's property is located nearly at its end. Also, the property has other options like a detached garage or a reconfigured house footprint. Jurgens added that Mr. Capra purchased the property as is and therefore the narrow road does not create a valid hardship. Page 4 of 22