09-13-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 13, 2004 7:00 o'clock p.m. • (James Render, Appeal of Administrative Decision, Continued) the home next door. Gaffron stated the existing grade where the house will be placed ranges from 932.9' to 936.4' per the Applicant's survey, which suggests that portions of the lot were filled between two to three feet when the home to the east was built. Gaffron stated the City's building height definition in the code reads as follows: "Building height means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level...." "Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height." Gaffron stated approximately ten years ago that last sentence was incorporated into the City's code specifically to force people to use the existing grade and not artificially build a mound with a structure being constructed on top of it. Sansevere inquired whether the architect would prefer the current existing grade or the proposed grade be utilized in defining the height. Gaffron stated the architect is utilizing the proposed grade of 939.5'. Gaffron stated in his view the existing elevation of 936.3' should be used. Utilizing Exhibit G, Gaffron explained Staff's analysis of the defined height. Gaffron stated using the gable located on the lakeside of the house and ignoring the City's policy for a moment, the average point is lower than the one the Applicant proposed. Gaffron indicated the proposed • residence has a number of hip roof features and gables, which has made it difficult for Staff to determine which one is the highest gable. Gaffron stated this problem has routinely arisen in the past ten years, with the Planning Commission suggesting that the visual perception of a roof system should help dictate what is the highest gable. Gaffron stated that suggestion has become part of the City's policy. • Gaffron stated in determining the average height Staff has, as a matter of policy, considered that the ceiling of any usable space within a gable that contains a window will be considered as the low point of the highest gable for height determinations. Gaffron noted this policy has been in place and administered for many years, but it has never been formally added to the code nor adopted as part of a policy resolution. Peterson inquired whether the City has a policy on when the approved grading as part of a subdivision would expire or whether that approval would continue indefinitely. Gaffron stated in general Staff feels that when the letter of credit has been released and all the improvements have been accepted on the property, that they do not expect changes to occur after that time. Gaffron indicated a road was constructed as well as a storm water pond and some grading was completed with the first home. Gaffron stated the lot to the west was constructed without much change in the grade. McMillan inquired when subdivision grading is approved, whether that creates a new baseline for height. McMillan also asked if a portion of a subdivision is filled, whether that then resets the elevation for building height. PAGE 5