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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 16,2009 <br /> 6:30 o'clock p.m. <br /> (#09-3428 MICHAEL AND MARILYN HUTHWAITE,3382 BAYSIDE ROAD,CONTINUED) <br /> ten feet from the previous plan. This shifting of the home to the north allows for only an 11-foot setback <br /> from the side lot line and adjacent neighbor's property where a 30-foot setback is required. A 16-foot <br /> setback was initially proposed. <br /> The Planning Commission also indicated that the inclusion of hardcover mitigation measures such as <br /> native vegetation buffers,rain gardens,pavers, etc.,was encouraged. The applicants continue to propose <br /> to incorporate wetland buffers in the required areas as well as additional areas in order to attempt to <br /> mitigate for the excesses in hardcover. <br /> Staff still believes the design of the house does not fit the constraints of the property. The shape of the <br /> house seems to be a desire of the applicants to re-recreate their existing residence rather than design a <br /> home better suited to the property. Staff recommends the following: <br /> 1. Denial of the hardcover variance and structural setback variance to allow the foot bridge. <br /> 2. Approval of the conditional use permit subject to the MCWD requirements for the stream bank <br /> stabilization and the City Engineer's recommendations. <br /> 3. Approval of the lot area variance conditioned upon the combination of the four lots into one tax <br /> parcel prior to the issuance of a building permit and compliance with the wetland buffer <br /> requirements. <br /> 4. Approval of the proposed side and street setback variances as revised. The creek setback <br /> encroachment could be further improved upon; however, Staff feels the applicants have met the <br /> direction of the Planning Commission. <br /> 5. Approval of some level of hardcover variances as the Planning Commission deems appropriate in <br /> conjunction with the following: <br /> a. Implementation of the proposed mitigation measures consisting of native vegetation areas <br /> between the home and the creek. <br /> b. Patios, sidewalks, courtyard and driveway to be constructed using pavers. <br /> Mr.Huthwaite stated they would like to purchase this property for their retirement home and that there <br /> are a number of problems with the current house,which is the reason for their proposal to raze the <br /> structure and construct a new residence. The creek is a Management III wetland,which is a minimum <br /> type of wetland, and their plan helps to mitigate the erosion that is presently occurring. <br /> As previously mentioned, a substantial amount of work has been done to their plans. The garage has been <br /> reduced,the size of the living/dining room area has been reduced, and the patio areas have also been <br /> reduced. As a result of that, the house has been re-angled and relocated further north. The hardcover area <br /> in the 0-75 foot zone has been reduced by approximately 1,000 square feet. Given the changes,Mr. <br /> Huthwaite requested the Planning Commission approve their application. <br /> Rahn asked what the setback is for the existing home on the side with the proposed 11-foot setback. <br /> Page 6 <br />