07-11-2011 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 11, 2011 • 7:00 o'clock p.m. 5. #10 -3479 PHILLIP WIMPLE, 3095 CASCO POINT ROAD — VARIANCE Phillip Whipple, Applicant, and Mike Sharratt, Designer, were present. Curtis stated the applicant is requesting lot area and hardcover variances in order to remove the existing principal structure and construct a new residence within the 75 -250 foot zone and a new detached garage in the 250 -500 foot zone. The majority of the existing blacktop driveway will be maintained. However, the circle drive configuration will be eliminated. A rain garden is also proposed, which will infiltrate most of the storm water from the driveway hardcover in response to the Planning Commission's direction. The applicant originally made an application for similar variances in 2010 and was scheduled to appear before the Planning Commission in July 2010. However, the 2010 Krummenacher ruling resulted in the City's inability to review and grant variances as had been done in the past. The applicant requested their application be tabled until July 2011 to allow for modifications in the statute and/or City Codes. The variance standstill afforded the applicant time to slightly redesign his plan. The applicant now presents a plan which results in a 583 square foot overall reduction in hardcover from the previous request. The Planning Commission at its June meeting voted 6 to 0 to recommend approval of the hardcover and lot width variances as proposed in conjunction with a rain garden to mitigate the excess hardcover from the driveway. • Planning Staff recommends approval of the variances consistent with the Planning Commission recommendation. Submittal of a detailed rain garden design and conformance with the City Engineer's recommendations will be required with the building permit application. Rahn noted 194 square feet of hardcover was listed in Staffs report within the 0 -75 foot zone, and asked whether that is being removed. Curtis indicated the hardcover within the 0 -75 foot zone will be remaining as it currently exists. Rahn noted a deck is typically not allowed in that zone. Curtis stated the deck is nonconforming and that Staff was advised by the City Attorney to not request removal of legally nonconforming structures. Rahn asked what the practical difficulty is for allowing the excess hardcover in the 250 -500 foot zone where 30 percent is allowed. Rahn indicated he understands the need for the driveway but that it appears to be over by 600 or 700 square feet. Rahn asked whether the driveway area to the left of the tree will be removed or what will remain in that area. Curtis noted the dotted line is the area that will be removed. Rahn stated the area is not acting as a turnaround and is simply excess hardcover. The applicants are constructing a brand new home and that in the past the City has typically required the property owner to start with a clean slate. If that area is removed, a variance may not be required. Rahn stated he is attempting to figure out what the practical difficulty would be to not have that since it does not seem to affect the turnaround for the garage and seems to be excess parking. Page 5 of 19