11/16/2009 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 16,2009 6:30 o'clock p.m. (#09-3428 MICHAEL AND MARILYN HUTHWAITE,3382 BAYSIDE ROAD, CONTINUED) Leskinen stated she is in agreement with the reductions but that she has a concern with relocating the house further back toward the creek. Schoenzeit indicated he also does not have a problem with the bridge. Schoenzeit noted the residence to the north is located 11.1 feet from the property line and that this one is proposed to be at 11 feet. Rahn stated the intent of the 30-foot setbacks is to lessen crowding on the adjoining property and that the house to the north is older than 10 or 15 years old. Rahn expressed concern with the considerable encroachment into the setback. Rick Hendel,Builder, stated they did look at the option of flipping the house,which would result in a further encroachment toward the neighbor. Hendel noted a three-car garage does not fit given the building envelope and the topography of the lot. Additional fill would also be required for the driveway if the house were flipped. Curtis noted this is 2-acre zoning but that one could argue that this neighborhood is more like a 1 to 1-1/2 acre zoning. Curtis indicated the 1-acre lots require a 10-foot side setback. Huthwaite indicated the cost of the pavers is an issue but that he is not opposed to looking at putting more pavers in. As it relates to the 11-foot setback,the neighbor also has an 11-foot setback,with a tall hedge in between the two. The lot is approximately 3/4s of an acre rather than two acres. � Schoenzeit asked what the Planning Commission feels about the argument that this is really a one acre lot rather than two acres. Kang commented that she would be willing to accept that argument and that she is not opposed to the 11-foot setback. The only other option would to reduce the size of the house even further. Rahn stated in his opinion this is a design issue but that the options are limited. Kang noted the concern at the last meeting was to keep the house away from the creek as much as possible. Schoenzeit asked whether the other houses in the neighborhood meet the 30-foot setback. Curtis displayed an aerial photograph of the area on the overhead and pointed out the residence to the north. Rahn commented that the lots appear to be close together and asked whether there are any two-acre lots in the area. Curtis stated to her recollection there are not any two-acre lots in the immediate area. Rahn asked what type of materials the bridge would be constructed out o£ Page 8