02-12-2001 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • 10. #2650 Kirsten and Patrick Burton, 2601 Rainey Road — Variance /CUP Herb Baldwin, landscape designer; Dick Peterson, attorney; and Bill Huntress, project architect, were present to represent the Burtons. Weinberger stated that the applicants have a 14 -acre parcel with a lot of wetland area. The applicants submitted a 4 part request: 1. CUP to permit a second residential unit on a 5.25 acre property; 2. CUP to permit the chimney height for the main residence to exceed 30 feet, at a height of 36 feet, 6 feet above the peak of the house; 3. variance to permit construction of a 3 story flat - roofed house where the Code allows a maximum of 2 '/2 stories; 4. variance to permit a 30 inch high railing around the roof of the guest house, that would exceed the 30 foot maximum height for a structure, for safety purposes. The Planning Commission voted 4 – 0 to allow the guesthouse and a motion to approve the chimney height, 3 -story house, and railing failed with a 2 – 2 vote. Weinberger stated that the height of the guesthouse would be less than a 2 % story house at its peak because of the mid -gable measure. There are plenty of tall trees on the property and no adjoining properties it would affect. He also stated that the City has other houses with chimneys that exceed the permitted height due to requirements of the Building and Fire Codes. The Council agreed that they would allow construction of a guest house. • There was a consensus that the chimneys should not exceed 32 feet (2 feet above the roof) because the additional 4 feet was requested for aesthetic purposes. The Council felt they should be consistent and referred to the art center in their discussions. 0 Mr. Huntress stated that the 3 story guest house has a smaller footprint than the 2 i/2 story gabled design. Weinberger stated the Code says 2'/2 stories or a 30 foot height is permitted, whichever is more restrictive. Gaffron stated that the application was precedent setting, and the architect made a compelling argument that 30 feet was more restrictive because it would actually be shorter than the peak of a 2 '/2 story house. Barrett stated the City was concerned with the massing and height of the structure, not necessarily the number of stories. Barrett stated he was concerned that allowing this structure would open the door for someone to request a much larger structure that is 3 stories high. He felt a variance was required to permit 3 stories because of the ordinance. He asked if the design was saving trees. Mr. Peterson stated it was. Mr. Huntress stated the house was designed to nestle its occupants in the trees, so they intentionally used a small footprint and vertical structure. Mr. Peterson stated that because of the required septic mounds and several large oak and maple trees they want to preserve, there is very little room to place the guest house. They only plan to remove about 5 poplars, which would regrow in a short amount of time. Mr. Peterson stated they have used an arborist to help design the house and would use one during construction to insure the trees are not injured. 11