02-08-2010 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2010 7:00 o'clock p.m. 7. #10 -3443 LECY HOMES ON BEHALF OF TIMOTHY AND JULIANN HARDEN, 2655 SHADYWOOD ROAD — VARIANCES Andy Johnson with Lecy Brothers and Timothy and Juliann Hadden, Applicants, were present. Curtis stated the applicants are requesting the following variances in order to build a new residence and relocate the driveway on their property: A lot width variance to allow redevelopment of a property with 58 feet in width at the OHWL where 140 feet is normally required; 2. 0 -75 feet hardcover variance to allow 25 percent hardcover where 43.3 percent currently exists and 0 is normally allowed; 3. 0 -75 foot structural setback variance to allow the proposed home at a 48 -foot setback where a 48- foot setback currently exists and a 75 -foot setback is normally required. The applicants have chosen to locate the new home further from Shadywood Road and access off of Pheasant Road. They are requesting variances to encroach into the 75 -foot lake setback area with the home to maintain a view of the lake and to avoid importing excessive dirt to fill a dip in the grade in the conforming building location. There is an existing drainageway which cuts diagonally through the property from the northern intersection corner all the way to the lake. This drainageway should be • maintained. The applicants are proposing to grant an easement to the City in order to protect the drainageway in perpetuity. The applicants have proposed a rain garden and buffer areas in an effort to offset the proposed hardcover. The applicants are requesting a hardcover variance for the 0 -75 foot zone to allow 2305 square feet of hardcover. There is 3,982 square feet of hardcover within the 75 foot lake setback. Half of the proposed hardcover consists of the applicants proposed home. Additionally, rip -rap within the drainage swale accounts for 650 square feet of the proposed hardcover within the 0 -75 foot zone. Because this drainageway benefits not only the subject property but also the neighborhood, there could be an argument made for removing the hardcover and the drainageway altogether from the hardcover calculations. In addition to the house, the applicants have proposed to construct a 17' x 16' upper deck with patio below. There is also a circular patio and flagstone path proposed within the 75 -foot zone. The existing home is 33 feet from the OHWL and consists of 1970 square feet of structural hardcover where no structure is permitted. The location and orientation to the lakeshore, an existing drainageway through the property and the existing grade has determined the proposed home location for the applicants. The proposed home provides a lesser encroachment than the existing home and does not infringe on the views of the lake enjoyed from adjacent properties. The Planning Commission voted 5 -1 to recommend approval of the variances consistent with the Staff recommendations to remove the circular patio and flagstone path and create additional native buffer areas along the shoreline. The dissenting commissioner felt the proposed home was located too close to the • lake. Page 16 of 20