P.C. minutes-5-19-2014/variance application

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 19,2014 6:30 dclock p.m. feet above the OHWL. Gaffron stated as long as just a second story is being added,the floodplain is a non-issue,but if they were to expand the house footprint,there will likely be some filling of the floodplain that will need to be mitigated. 3. Prior to issuance of a building permit,the applicants shall provide certification from a structural engineer that the foundation can support a second story or provide plans for a suitable foundation. Leskinen asked whether the applicants would need to come back to the Planning Commission if the foundation is not certified. Gaffron stated they would not and that the Planning Commission should address what is being proposed tonight. Schoenzeit stated if the foundation needs to be rebuilt, it will likely result in the house being torn down. Schoenzeit asked if the variances would apply to any new residence. Gaffron stated if there are any changes to the plan, it would need to be a separate application and come back before the Planning Commission unless they rebuild the house in-kind. Gaffron stated the Planning Commission is only being asked to approve a second story above the existing house. Schoenzeit stated the applicants will probably find that constructing a new residence will cost significantly less than replacing the foundation and building a second story. Tammara Maddrey, Applicant, stated she had nothing to add to Staff's report. Chair Leskinen opened the public hearing at 9:28 p.m. Amy Sullivan-Teele, 3515 Eastlake Street, asked for clarification regarding the 1912 survey indicating that the property does not go across the creek. Gaffron stated in 1912 the plat showed there was 100 feet of depth from Eastlake Street. Gaffron indicated every survey for the last 50 years along Eastlake Street have shown the lots at 100 feet deep. Based on that information, Gaffron stated in his view this current survey is incorrect since the legal description talks about the west X feet of the east X feet of Lot 1 from the original plat. Gaffron noted Lot 1 did not extend past the creek by 30 feet in any manner on the plat. Teele asked who owns the land on the other side of the creek. Gaffron indicated it would be the person on Oxford Road. Teele stated there are metal stakes staking out the up-pass on the other side of the creek. Gaffron stated those metal stakes do not mean much and that legally and technically there is no ownership by this property owner across more than the 102 feet of depth from Eastlake Street for any of the properties on that side of the road. Teele asked if the 102-foot depth would go to the creek. Page 26 of 31