10/12/2009 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2009 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 5. #09 -3411 DAVID FOX ON BEHALF OF BILL FOX, TRUSTEE, 1095 FERNDALE ROAD WEST — VARIANCES AND CONDITIONAL USE PERMIT David Fox, Applicant, was present along with Darrin Schmidt, Contractor. Curtis noted this application was heard at the August 17'h Planning Commission meeting and was tabled to allow the applicant time to revise his plans in order to reduce the hardcover level and to locate the residence further out of the average lakeshore setback. The applicant is requesting a conditional use permit in order to rearrange the floodplain on the property to allow him to build a replacement residence. The applicant is requesting variances to lot area, lot width, lakeshore setback, average lakeshore setback, and hardcover within the 0 -75 foot zone. The applicants have revised their plans to reduce the proposed footprint of the home and have eliminated the floodplain setback encroachment. They have also reduced the average lakeshore setback encroachment and have reduced the proposed hardcover within the 0 -75 foot zone. In addition, the applicant is proposing the home extend 35 feet into the average lakeshore setback, which is an improvement of five feet from the previous plan. The existing home on the property extends 75 feet into the average lakeshore setback. The home is proposed to now be located approximately 40 feet from the lake. . Hardcover has also been reduced, with the applicant proposing 16.2 percent hardcover in the 0 -75 foot zone and 18.15 percent in the 75 -250 foot zone, which is a slight increase from the previous plan. The Planning Commission voted 5 -0 to recommend approval of the variances and conditional use permit based on the revised plans and consistent with Staff's recommendations. Planning Staff recommends approval with the following conditions: The house siding, trim and shingles should be dark colors in order to reduce the visible impact of the house, especially as viewed from the lake. 2. Provision of mitigation measures, including: native buffer areas to be incorporated where appropriate, and patio and sidewalks to be constructed using pervious pavers. Staff would note that the applicant should be required to provide an extension request should the Council elect to approve the application. James Murphy noted he was in attendance at the last two Planning Commission meetings when this application was discussed and that the Planning Commission provided good direction to the applicant, which has been complied with. Murphy noted this is a difficult lot to work with and that he is pleased with the efforts taken by the applicant. McMillan commented she did notice in the minutes that the applicant did a significant amount of work in revising his plans. McMillan stated she does not feel the motion should require the applicant to utilize dark colored siding on the residence since it may be viewed as too much government control. Page 3 of 16