11/17/2008 Planning Commission Minutes

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MINUTES OF T1�E ORONO PLANNING COMMISSION MEETING • Monday,November 17,2008 6:00 o'clock p.m. (08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, CONT.) On the eastern portion of the property there is a wetland that is classified as a Preserve. The City's wetland regulations require a 70-foot setback from Preserve wetlands for buildings and a 50-foot setback for impervious surfaces such as driveways and sidewalks. Part of the addition would fall within the 70- foot setback and a corner of the sidewalk would fall within the 50-foot setback. Located on the city property to the west is a wetland that is classified as a Manage 3. This wetland requires a 36.5 foot setback for buildings and a 16.5 foot setback for impervious surfaces. Part of the addition would fall within the 36.5 foot setback. The proposed improvements may or may not trigger the requirement that the 50 and 16.5 foot setback areas be improved as buffers but the regulations do require any new buildings or structures observe the setbacks. There is a provision that allows for buffer averaging for existing surfaces and buildings but does not cover structures that are constructed after adoption of the ordinance. There would be the same amount of buffer on the property but it would be located differently on the property rather than being the standard dimension from the wetland. Planning Staff recommends the following: A. Approval of a hardcover variance conditioned on the following reductions in hardcover from proposed level: 1. The shed being removed from the property. 2. The proposed addition being reduced in size and shifted closer to Cherry Avenue. B. Approval of buffer averaging conditioned on: 1. The applicant providing a plan, acceptable to the City's wetland consultant, showing where the buffer averaging would occur. 2. The elimination of the front sidewalk's proposed encroachment into the 50 foot impervious surface setback. Staff requests the Planning Commission discuss the size and depth of the proposed addition. Due to the situation of having to raise the floor elevation, some level of hardcover variance is justified in Staff's opinion,but recommends the Planning Commission determine whether 30.5 percent hardcover is justified. Kempf asked where the wetland setback is located. Turner pointed out the location of the wetland setback and the wetland buffer area. Turner noted there is also a 20-foot setback for buildings from the edge of the buffer. Kempf asked if the area between the wetland setback and the edge of the wetland is the wetland buffer. Turner indicated it is. PAGE 6