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09-18-2006 Planning Commission Packet
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09-18-2006 Planning Commission Packet
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Exhibit H <br /> PLANNING COMMISSION MINUTES <br /> MINUTES OF T.HE <br /> ORONO PLANNING COMMISSION MEETING <br /> MONDAY,JUNE 2l,2004 <br /> . 6:00 o'clock p.m. <br /> 3. #04-3010 THEODORE L.CAPRA,3534 IVY PLAC�,VARIANCE,CONDCTiOIVAL USE P�RMIT,PUBLTC <br /> HEARING(6:15-6:32 p.m.) <br /> Theodore Capra,applicant,was present. <br /> Gundlach presented the application for a proposal to tear down the existing house and reUuild,removing approxin�ately 2,35G <br /> s.f. of hardcover,althougii the applicant is still requesting a variance to permit 4,676 s.f.of hardcover,or 32.86%. The <br /> applicant is proposing to remove 320 s.f.of existing hardcover within the 0-75' zone and would then comply with the 0% <br /> hardcover standard for the 0-75'zone.The lot meets the'/z acre standard as well as the widt(�standard. <br /> Gundlacli pointed out the proposed house plans leave only 349 s.f.for allowable non-structural hardcover and if the applica��t <br /> were to construct the proposed 3+stall garage at the road, 1,368 s.f.of driveway hardcover woutd not be necessary. In <br /> summary,she stated the applicant's property is confornling in area and width,and the proposed application meets all other <br /> setbacks, including removal of the non-conforming detaclted garage at the road and the non-conforming shed located at the <br /> lake.She stated staff finds that no valid hardships inherent to the]and to warrant approval of the hardcover variance. <br /> Further,Gundlach advised the applicant requests a conditional use permit to allow grading all the way down to the shore. <br /> Proposed site grading would consist of a substantial fill amount on the sh•eet and side of the home,which does not require a <br /> CUP unless it exceeds 500 cubic yards. Gundlach referred to the City Engineer review commeuts in Exl�ibit F of the staff <br /> report,dated June 17,2004. <br /> Gundlach recommended denial of both the hardcover variance and conditional use permit request. She indicated the applicant <br /> has an option to revise his plan to incorporate a smaller detached garage or reduce the total foot print in order to achieve 25% <br /> hardcover within the 75'-250' zone. Also,the applicant could revise his plan to incorporate miniuial g�•ading only as needed to <br /> remove the existing retaining wall,noting the proposed amount of grading is tinnecessary to achieve a walk/out style house. <br /> Mr. Capra,applicant,pointed out his proposal decreases the hardcover from 49%to 32.8%. He indicated that he thought rock <br /> retaining walls were undesirable so, instead,proposed substantial lakeside grading. If it were possible,he wished to install two <br /> rock retaining walls instead of grading the entire slope. Mr.Capra commented that he believed his new house would greatly <br /> enhance the property instead of fhe existing old house.He explained he had already installed a shoreline riprap wall. <br /> Chair Mabustl�asked to see Mr.Capra's photos of the shoreline riprap wall. Mr.Capra provided the photos to members of the <br /> Plamling Commissioii. <br /> Cl�air MaUusth inquired of staff if there were signs of erosion on the property. Gundlacli replied that the proposed retaining � <br /> walls were not on the applicant's grading plans and she had not observed any slope failures. <br /> Chair Mabusth asked if]akeside grading would be necessary if the l�ouse were moved further Uac(c fi•otn the]akeshore. <br /> Gutidlacl�explained that the City�ngineer and the applicant's arcl�itect tliink the proposed house can be built without grading <br /> in the.lalceside yard but fill would be required for the sh•eet and side yard. <br /> Mr.Capra explained that after re-consideration of the suUstanti�l amount of lakeside grading proposed,lie now would like to <br /> pursue installation of retaining walls. <br /> Chair MaUusth recommended tabling the conditional use permit request for grading in the 0'-75'zone until Mr.Capra finalizes <br /> his grading plan. Sl�e stated it was difficult for her to lpprove of a hardcover variance on a property that meets the width and <br /> area standards for its zoning district. <br /> 1 <br />
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