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MINUTES OF THE <br /> ORONO PLANI�TING COMMISSION MEETING <br /> Monday,October 19,2009 <br /> 6:30 o'clock p.m. <br /> #09-3428 MICHAEL AND MARILYN HUTHWAITE, CONTINUED <br /> 4. Denial of the proposed creek, side and street setback variances as proposed. The footprint of the <br /> proposed home should be reduced in an attempt to meet some or all of the setback requirements <br /> particularly the creek setback. <br /> 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in <br /> conjunction with the following: <br /> a. Reduction or reorientation of the size of the home to reduce the hardcover within 75 feet <br /> of the creek. <br /> b. Reduction of the proposed patios and vehicle courtyard as the Planning Commission <br /> deems appropriate. <br /> 1) Provision of mitigation measures including rain gardens and/or native vegetation <br /> areas between the home and the creek. <br /> 2) Patios, sidewalks,courtyard and driveway to be constructed using pavers. <br /> Jeremy Steiner,Attorney-at-Law, stated the applicants do not believe any significant changes to the <br /> footprint or orientation of the house are warranted or appropriate. Steiner stated the standards for <br /> granting a variance have been met based upon their hardship statement. Variances allow flexibility from <br /> the City's zoning ordinances when a lot is developed prior to the adoption of certain ordinances. This lot <br /> was created in 1942 according to the city's records. The need for the variances is that certain ordinances <br /> were adopted after the construction of the house. The current house and driveway both encroach on the <br /> creek. <br /> In addition, Stubbs Bay Creeks cuts across the south side of the property and the setbacks adopted by the <br /> City relative to the creek handicap the property owner. The applicant feels the extent of the variances and <br /> the size and orientation of the house are reasonable. The current house is 67 years old and has been <br /> abandoned for approximately the last two years. The house in its current state is a detriment to the <br /> neighborhood and a new house would be a benefit and a definite improvement. <br /> Steiner stated to his lmowledge the twenty or so letters received from the neighbors do not express any <br /> opposition and shows that this project is a benefit to the neighborhood. If the Huthwaites are not allowed <br /> to construct a reasonable home on the property,they will not be purchasing the property,and given the <br /> state of the real estate market,it is likely this property will remain unsold for a number of years. There <br /> currently is erosion and trees that are being undermined by the erosion,which will cause an issue in a <br /> couple of years. The applicants propose to improve that area,which will improve the water quality and <br /> make the area safer. <br /> Steiner stated he has been told the reorientation of the house will also help make access to the lot safer. <br /> The Huthwaites are proposing to reduce the hardcover in the area near the creek,which is also an <br /> improvement The plan has been very well thought out and is a significant benefit to the City. <br /> Rick Hendel,Builder, stated this is a difficult lot to work with and that they have attempted to design a <br /> house that would fit well on the lot and still be attxactive. The driveway is proposed to be located on the <br /> Page 6 <br />