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. (#04-3052 Eric Vogstrom,Continued) Rahn stated he would not be in favor of any encroachment into the right-of-way. Rahn commented the Planning Commission does not have the time to discuss the applicant's various options concerning design of the garage and residence but that the applicant needs to make those design decisions. Rahn noted the Planning Commission has denied the application and that this matter would go before the Council. Bremer inquired whether denial of the average lakeshore setback variance was also included in the motion. Jurgens indicated the motion was to deny the entire application. Bremer stated she would have been in favor of granting the average lakeshore setback variance but that the hardcover needs to be reduced on this lot. Bremer indicated she would be willing to consider hardcover in the higher 20's since there is a lot of lakeshore on this property and that there are some circumstances where that could be considered a hardship. Bremer noted she is not in favor of the side yard setback variance. Vogstrom noted the existing 27 percent hardcover on this lot does not include a driveway. Rahn noted this application would move forward to the Council, and suggested the applicant consider revising his plans in an effort to further reduce the hardcover prior to the City Council meeting. NEW BUSINESS 4. #04-3042 PILLAR HOMES ON BEHALF OF ROGER& CAROL ROVICK,1625 BOHNS POINT ROAD—AFTER-THE-FACT CONDITIONAL USE PERMIT,6:37—7:20 p.m. K.C. Shermack, Pillar Homes, and David Tupper, Landscape Architect,were present. Gundlach stated the applicant is requesting an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of the building permit. The City currently requires a conditional use permit for fill in excess of 500 cubic yards. The property is located at 1625 Bohn's Point Road. Gundlach indicated a building permit for this site was issued approximately one year ago, with the grading permit approved by Staff and the City Engineer at that time. The grading permit showed 1,650 cubic yards of fill would be used. Gundlach noted Staff did not realize, as the fill was spread out over a large area, the need for a conditional use permit at the time the grading permit was applied for. Near the end of the project additional fill was brought in beyond the approved grading plan and it became apparent that the amount of fill exceeded what had been approved and Staff informed the contractor that the fill would either need to be removed or an after-the-fact conditional use permit applied for. Since the contractor had the home scheduled to be in the Parade of Homes and they were ready to lay sod, Staff decided to allow them to place the sod for the parade and to apply for an after- PAGE 7