10/18/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 18,2004 6:00 o'clock p.m. (#04-3058 Timothy Zwart, Continued) Fritzler stated he is opposed because there is no incentive to reduce the hardcover below the 36 percent to come closer to the 25 percent standard. 8. #04-3059 JAMES RENDER, 1335 TONKAWA ROAD—CONDITIONAL USE PERMIT,8:13—8:26 p.m. James Render,Applicant,was present. Gaffron stated the applicant is requesting a conditional use permit for a cupola extending from the easterly roof peak of the residence. The proposed cupola will have a peak elevation of just under 983'. The bulk of the proposed house will have a peak at 966'-967', or 3' below that of the existing house just to the east. The other adjacent residence to the immediate west and slightly uphill from this property has a continuous peak elevation of 978'. The City Council recently reviewed this application as an appeal of the administrative decision regarding the applicant's original roof proposal at their September 20`h meeting. The Council concluded that the height measurement policy using the average of the highest window and the peak was valid and appropriate. The Council also concluded that the lower measuring point for this lot should be established at 940',which matched the original grade at the west side of the current lot before the adjoining home was razed. Further, Council had suggested that the proposed design could be revised to meet the height code and applicant could make revisions to the peak feature and apply for a conditional use permit for a cupola. Gaffron explained Section 78-1366 does not contain any specific standards for approval of a conditional use permit,but does reference the general Conditional Use Permit standards which states: (a) The Planning Commission may recommend and the Council may grant a conditional use permit as the use permit was applied for or in modified form, if on the basis of the application and the evidence submitted,the City makes the following findings: (1) That the proposed location of the conditional use is in accord with the objectives of this Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, (3) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. Gaffron indicated the comprehensive plan states building heights will be limited to less than the typical tree height. Staff estimates that typical tree height in the neighborhood ranges from 40' to 70', with a few mature trees probably in the 80' range. The canopy elevation as viewed from a distance PAGE 24