02-13-2012 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2012 7:00 o'clock p.m. (8. #12 -3539 SURYA AND ANTHONYROCHEL,125 TURNH"ROAD, Continued) The usual interpretation based on the wording of the ordinance suggests the City's responsibility is to judge the potential impacts of the proposed fill but not give consideration to "why" the fill is being introduced. In other words, whether the fill is necessary or not should be of no concern to the City as the landowner should be free to determine the need. The City's only responsibility is to fully review the potential impacts of the desired fill and only approve the changes if no impacts are identified. Gozola stated the historic reading of the code conducts that analysis but then it goes on to ask whether the fill is really necessary. Absent the requested grading change, the question is asked as to whether the applicant could choose a different building location or a different style residence. Gozola stated he did not find within the code any indication that those questions be asked. The historic interpretation was drawn from the definitions in the zoning code. Existing ground level is the existing grade of the property, which folds into the definitions for building height and basement, each of which talks about specifically ignoring grading changes when determining either. The land alteration CUP sections do not require the landowner to show what they propose to construct and by code the CUP is really just a mechanism to show where they will be moving dirt and how they propose to do the land alteration. Gozola stated if the Council approves a land alteration CUP, by definition they will be authorizing a new existing grade for the property. Gozola stated as it relates to tonight's application, the review is strictly based on the CUP criteria and does not question whether the fill is really necessary. Staff instead focused on all of the potential impacts that could be created on the property. The Planning Commission considered the historic interpretation and found that the recommended review approach, based on the wording of code, is appropriate in this case. However, the Commission also recommended that the City Council look at the land alteration provisions at some point in the future to determine whether changes should be made to the language. Gozola stated based upon that historic interpretation, Staff and the Planning Commission reviewed the code requirements and found that all 14 criteria are met by the applicant. Staff has found that the land alterations will not create any nuisances or negative impacts on traffic or lighting. Private well and septic facilities will serve the site. Staff does not see this project as being a detriment to public health, safety and welfare. The application was reviewed by looking at compatibility, screening, character, and environmental impact. As it relates to. compatibility, Staff looked at whether the proposed grade is appropriate. Staff did not find any evidence that the adjacent land will be impacted. Staff found that the resulting building heights will be substantially similar to the existing conditions on the property and that the home needs to be centrally located on the property. Gozola noted there will be 250 feet separation from other homes in the area. With regard to character, Staff needed to determine whether the change in grade would have a negative impact. Staff has found that the proposed grading will not change the use on the site and will tie into the existing contours on the adjacent lands so a large retaining wall is not required. The removal of trees is not prohibited by code and screening is not required between single - family homes in Orono. The City does not have any tree preservation requirements in this area. Staff does not view the tree removal as a Page 6 of 22 •