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MINUTES OF T� <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 16,2009 <br /> 6:30 o'clock p.m. <br /> (#05-3164 CITY OF ORONO,CONSERVATION DESIGN ORDINANCE, CONTINUED) <br /> Rahn stated in his view it did not sound like Staff was surprised by the comments and that they have <br /> taken them into consideration already. Rahn stated the City has approved numerous applications without <br /> this ordinance but still took measures to protect the environment and that he would not be opposed to <br /> . moving the application forward to the City Council. <br /> Schoenzeit noted public comments would be allowed at the Council level. <br /> Leskinen commented in her view the ordinance has been discussed thoroughly over the past few months <br /> and that if the City Council feels it is necessary to send it back to the Planning Commission,that would be <br /> another option. <br /> Rice moved,Rahn seconded,to recommend approval of Application#OS-3164, City of Orono, <br /> Conservation Design Ordinance. VOTE: Ayes 5,Nays 0. <br /> 3. #09-3428 MICHAEL AND MARILYN HiJTHWAITE,3382 BAYSIDE ROAD, <br /> VARIANCES,6:59 P.M.—7:35 P.M. <br /> Michael and Marilyn Huthwaite,Applicants, were present along with Jeremy Steiner,Attorney-at-Law, <br /> and Rick Hendel,Builder. <br /> Curtis noted this application was tabled at the October Planning Commission meeting. The applicant <br /> originally was requesting a conditional use permit for grading within 75 feet of Stubbs Bay Creek as well <br /> as lot area, creek setback, and hardcover within the 0-75 foot and 75-250 setback zone variances in order <br /> to construct a replacement residence. At that time the Planning Commission directed the applicant to <br /> address the following: <br /> 1. The footprint of the home should be reduced in order to better fit within the required street, side, <br /> and creek setback. The creek setback was identified as a priority. <br /> 2. The attached garage could be reduced in order to alleviate a portion of the encroachment into the <br /> creek setback. <br /> In addition,the Planning Commission seemed to feel the CUP for stream bank stabilization and the <br /> variances for the proposed crossing or footbridge over the creek were acceptable. <br /> The applicants have reduced the overall size of the home footprint by only 167 square feet. However, <br /> they have reduced the proposed patios,reoriented the driveway and vehicle courtyard and have proposed <br /> a significant reduction in the portions of the home and hardcover to be located within the 75-foot creek <br /> setback. Their initial proposal was for 2,322 square feet of hardcover within the 0-75 foot zone. <br /> Their revision reflects a 965 square foot reduction within this zone. The revisions result in 365 additional <br /> proposed square feet within the 75-250 foot zone. <br /> The revision also proposes to meet the 50-foot setback on the western Bayside portion of the property and <br /> will only be two feet short of the 50-foot setback on the Crestview side of the lot. Moving the home <br /> farther from the creek results in a 60-foot setback where 75 feet is required,which is an improvement of <br /> Page 5 <br />