04-23-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 • 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OF MAPLE PLACE, LLC, 1545 MAPLE PLACE, Continued) In order to successfully develop each of the seven lots without causing stormwater runoff issues, the previously approved comprehensive storm water grading plan must be implemented. The previous plan was reviewed and approved as part of the plat. However, because the plat will not go forward, the applicant requires conditional use permit approval to accomplish the same /similar grading plan which exceeds 500 cubic yards of land alteration. Gaffron noted the applicant is still proposing to have a comprehensive grading plan and to construct a swale along the back of the properties to divert the runoff into the existing drainage system. The grading plan has been slightly revised since the March Planning Commission meeting to eliminate two, 4 -foot high retaining walls on Lots 7 and 8 in favor of a pipe along that shared lot line. While the City Engineer reviewed the original grading plan and generally approved it, due to the recent change from a swale to a pipe, additional drainage calculations were requested to verify the acceptability of this pipe and above - ground overflow. The additional calculations have been submitted and have been found acceptable. Gaffron noted one of the questions that was raised a couple of weeks ago regarding this application relates to a state rule that states that no structure is allowed to be within 50 feet of a federal, state, or county highway. As a result of that rule, it was unclear whether the southerly 50 -foot lot would be buildable. Gaffron noted in 1992, when the City was adopting its shoreland ordinances, they requested • the DNR give the City an exemption from their standards relating to the height of buildings in the shoreland and the 50 -foot setback from a county right -of -way. Gaffron indicated the City presently has dozens, if not hundreds, of parcels that have setbacks of 30 to 35 feet from county highways. In southern Orono there are a number of homes whose only access is on to a county highway. The City was granted that exemption and the City has never enforced a 50 -foot setback from a county highway. As a result, the property owners have the right to construct on each of these six lots on Maple Place. Gaffron stated the proposed grading plan, in addition to providing for storm water management, establishes new elevated building pads for a total of seven homes, including the 1545 Maple Place lot just north of the original six lots. The existing grade at the south end of the property will be raised one to three feet, while for the northerly lots the grade will be raised as much as six to eight feet. Gaffron explained the CUP approval will have the effect of establishing a new "existing grade" for each lot for building height measurement purposes. The typical home design includes two stories above a basement. Absent the establishment of a higher existing grade, the basement floors of these homes would be at pre - existing grade and, by definition, the lowest level of these homes would be considered as a story rather than as a basement. These homes would then be considered three stories and exceed the City's 2 -1/2 story limit. Gaffron indicated as a result the homes would have to be redesigned. Additionally, absent establishment of the proposed new existing grade, the homes on the northerly lots would have a defined height of as much as 33' and would have to be redesigned or dug much deeper into existing grade, risking flooding. According to the statute, and as with the withdrawn plat proposal for three lots, the properties are limited • to 25 percent hardcover each where 30 and 35 percent would normally be permitted by City Code. The increase in the number of home sites does not result in an increase in total allowed hardcover, only a change in the location and size of building pads and common lot line swales. Page 3 of 16