11-23-2009 Council Minutes - Laserfiche WebLink

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c • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 23, 2009 7:00 o'clock p.m. (6. #09 -3428 MICHAEL AND MARILYNHUTHWAITE, 3382 BAYSIDE ROAD, Continued) The applicants have reduced the overall size of the home footprint by only 167 square feet. However, they have reduced the proposed patios, reoriented the driveway and vehicle courtyard and have proposed a significant reduction in the portions of the home and hardcover to be located within the 75 feet creek setback. Their initial proposal was for 2,322 square feet of hardcover within the 0 -75 foot zone. Their revision reflects a 965 square foot reduction within this zone. The revisions result in 365 additional proposed square feet within the 75 -250 foot zone. The revision also proposes to meet the 50 -foot setback on the western Bayside portion of the property and will only be two feet short of the 50 -foot setback on the Crestview side of the lot. Moving the home farther from the creek results in a 60 -foot setback where 75 feet is required, which is an improvement of ten feet from the previous plan. This shifting of the home to the north allows for only an 11 -foot setback from the side lot line and adjacent neighbor's property where a 30 -foot setback is required. A 16 -foot setback was initially proposed. The property is currently four separate tax parcels which are proposed to be combined in conjunction with a building permit. The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as • native vegetation buffers, rain gardens, pavers, etc., was encouraged. The applicants continue to propose to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to mitigate for the excesses in hardcover. The Planning Commission voted 5 -0 to recommend approval of the revised plans. Staff still believes the design of the house does not fit the constraints of the property. The shape of the house seems to be a desire of the applicants to re- recreate their existing residence rather than design a home better suited to the property. Staff also continues to recommend denial of the footbridge over the creek. There are existing alternatives for access to the southern portion of the property via Crestview or Bayside Road. Jerry Steiner, Attorney -at -Law, noted he represents the Applicants, who currently reside in Tennessee, and are unable to make tonight's meeting. Steiner stated in his view there is no dispute that the hardship criteria have been met and that there is no issue that variances are warranted for the property. This is a difficult piece of property to work with given the topography and size of the lot. The project proposed by the Huthwaites will be a significant improvement to the neighborhood. Stubbs Bay Creek crossing this property is in a very deteriorated condition and this project will help correct the erosion problems by doing bank stabilization and native plantings. There will also be substantial improvement to the water quality of the creek compared to what currently exists as a result of the reclamation efforts of this project. The project also eliminates a significant amount of hardcover in the 0 -75 foot zone. Steiner noted the neighborhood between Crestview on the east and Bayview on the west are comprised • almost entirely of lots that are under half an acre. The zoning district requires a two -acre lot size but there are virtually no two acre lots in this area. If this lot were located in a one -acre district, the variances to the side setbacks would not be required. PAGE 3 of 8