02-12-2007 Council Minutes - Laserfiche WebLink

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AIHNUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2007 7:00 o'clock p.m. (5. #06 -3240 CITY OF ORONO ZONING CODE SECTION 78 -1— DEFINITIONS OF • "BASEMENT "AND "STORY ", Continued) Gaffron stated the net effect would be the difference of one or two feet in a person's perception of the height of the building. Gaffron indicated the amendment would result in a consistent way of measuring and would be more in compliance with the Building Code. Gaffron recommended the following definition for basement be adopted: "Basement. That portion of a building that is partly or completely below the existing ground level. A basement shall be considered as a story for purposes of determining the number of stories in a building, when the finished surface of the floor above the basement is more than six feet above the existing ground level for more than 50 percent of the basement's perimeter. The perimeter of the basement does not include potions of the house or garage that do not have a lower level but are merely unexcavated. Artificially raising the grade adjacent to the foundation of a structure (by filling or by a combination of filling and retaining walls) above the surrounding natural terrain shall not be allowed as a method for converting a defined story to a defined basement, regardless of any other benefits to the property of such action. Finished grade that increases more than one foot from existing ground level shall be considered as artificially raising the grade. 'However, artificially raising the grade when such action merely restores a previously excavated site to its original natural grade may be used as a method for converted a defined story to a defined basement. Gaffron further recommended the Council adopt the following definition of existing ground level: "The elevation of the grade at the base of an existing structure, measured at points abutting the foundation wall, or the existing grade of a vacant lot." Bremer asked why the word natural is used instead of existing. • Gaffron stated there are instances where the natural grade is higher or lower and at some point has been artificially changed. Bremer inquired how the natural grade would be determined. Gaffron stated the natural grade may be different from existing grade. Gaffion stated essentially a line would be drawn from one side of the property to the other side of the property and that would be considered the natural grade. Loren Schoenzeit, 4484 Forest Lake Landing, stated he would like to review some of the ramifications of the proposed amendment. Schoenzeit stated in his opinion these new definitions would create the need for more variance requests and would result in additional work for the staff, planning department, and city council. Schoenzeit inquired what would happen to the typical, small house on a nonconforming lot which consists of 2250 square feet, including deck and garage. Schoenzeit stated under the new definitions, if only two stories are allowed, the basement could be eliminated, which would eliminate some necessary living space. Schoenzeit suggested options for a house that is less than 2250 square feet would be, one, to allow them to build to 20 percent structural hardcover; two, allow them have three floors; and three, require that only 35 percent of the basement perimeter meet the new definitions. Schoenzeit stated he would like to work • with the Council to discuss the ramifications to some of these smaller houses. PAGE 8 of 14