05-14-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (7. #12 -3546 TODD HOLMERS ONBEHALF OF MAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Mattick stated in 1992 the City requested the exemption from the state, which was approved. At that time the City was required to submit a shoreland ordinance that required approval from the state. In that ordinance was a request to be exempt from the 50 -foot setback, which was granted. Englund reiterated that this application is proposing too many houses in a small area and that there are only four homes on the same amount of land across the street. Taylor asked what kind of fire hazard will be posed to the other homes in this development given their close proximity. Gaffron stated Fire Code requires a 20 -foot separation between buildings and that he does not see it as an issue. Nick Williams, 3843 Cherry Avenue, stated as it relates'fo setbacks, the City of Orono does not have buildings that are located 20 feet from each other and that the main issue is the density being proposed. Williams noted the applicants are also requesting a height variance and a grading variance on top of the density and that he and his •wife are opposed to the project. . • McMillan asked how far the City Council can go with the legal argument of this project not fitting into • the character of Orono or the neighborhood. Mattick stated what is before the City Council at this point is a conditional use permit for grading and that they are not reviewing building plans at this point. Mattick noted when the applicants submit their plans, they will only be requesting a building permit. If the applicants request a height variance, the City Council could review it at that time. Rahn commented it is unfortunate that the City Council is not able to debate density. Rahn stated if the applicants did not need to conduct any grading work, they would not have had to come before the Council. Mattick stated if this proposal was for a single lot and they were requesting the lot be subdivided, that would require a different type of review. Mattick noted that recent legislation allows the applicants to maintain the seven lots and construct on them, which unfortunately is not consistent with other developments in Orono. Printup stated he is comfortable with the resolution as presented but not comfortable with the seven homes rather than three. Printup noted the City Council is only looking at the conditional use permit at this point, but that the resolution states the calculation of the number of stories and defined building height for all seven proposed homes shall be based on the pre - existing grades. Printup indicated he would not be comfortable with changing the number of homes that need to comply with the existing grade requirement. Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6138, a Resolution Granting a • Conditional Use Permit for Land Alteration Pursuant to Sections 78 -966 and 78 -968. McMillan asked how long approval of the preliminary plat would be good for this application. Page 10 of 16