06-11-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2012 7:00 o'clock p.m. (6. #12 -3547 JOHNAND PHOEBE STAVIG, 790 BROWNROAD NORTH, Continued) Gaffron noted Staff, conducted another bluff analysis following a phone call from a builder who had been called by a realtor who asked whether they could construct a house further back in the bluff. Gaffron indicated the house would still be in the bluff impact zone in that scenario. Rahn asked if the house is located five feet closer to the street, whether it would meet the bluff regulations. Gaffron indicated you would be able to fit a house in that location without being in the bluff and that it comes down to the size of the house. John Stavig, Applicant, stated they have attended two Planning Commission meetings and have submitted additional engineering information on slope stability. One issue at the March Planning Commission meeting was whether it fits the definition of bluff, and in their opinion it slightly exceeds the 30 percent threshold at certain points in the bluff area. As-a result, they have tried to move beyond arguing over the definition of the bluff. • Stavig stated soil erosion issues were also discussed at the March meeting and the application was tabled to allow additional engineering to be conducted. Stavig indicated he hired an engineering firm to conduct soil testing on the driveway bed, which was constructed approximately 100 years ago. Essentially the findings of the engineer were that the driveway bed showed no signs of erosion and would support the • construction of a house in that area. In addition, the engineering firm found that the proposed location of a walkout structure on the survey is well suited to minimize required grading and take advantage of the steady and gradual slope of the bluff line. The rear wall of the foundation would be located just above the stable shelf created by the construction of the driveway bed more than a century ago. Stavig indicated they have attempted to create a low profile walkout house that would fit within the neighborhood as well as minimize the impact on the trees and the slope. The City Engineer has confirmed that this is the best location for the house. Stavig commented that anyone who has visited the site would appreciate the heavily wooded areas and the stability the trees afford. The engineering report also identified construction techniques that could be employed to minimize the impact to the site. Stavig noted the City Engineer has looked at the report and has indicated that the proposed location of the walkout structure is located to minimize grading and potential erosion, which the bluff setback regulations are designed to address. Positioning the structure immediately above the existing driveway bed provides the most stable location with regard to the downhill slope. Stavig stated a lot of the discussion at the second Planning Commission meeting centered around the fact that the DNR has recommended no construction in the bluff impact zone. Stavig indicated he did not contact Mr. Gleason of the DNR before that meeting but that he has since discussed this issue with him. Mr. Gleason indicated he recalled having commented on the property and said he sympathized with the } situation but that they are a regulatory body and not trained in geotechnical engineering and steep slope stabilization: It therefore would be inappropriate to attempt to provide solutions and that he would recommend that a professional engineer be consulted. Stavig commented he feels as if he is in a bit of a loop. Stavig stated the point is that the DNR did not really consider this specific site and merely used • boilerplate language. Stavig stated in his view they have employed a thoughtful approach to the construction and it should be allowed. Page 6 of 17