02-16-2016 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 19,2016 6:30 o'clock p.m. Schoenzeit moved, Schwingler seconded,to recommend approval of Application No. 16-3802,TCO Design,2380 Shadywood Road, granting of a conditional use permit,with the additional requirement that a more thorough estimate of 911 resources be compiled prior to the City Council meeting and the maximum number of beds being restricted to 22. VOTE: Ayes 6,Nays 0 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE ROAD,VARIANCES AND CONDITIONAL USE PERMIT,8:38 P.M.—9:38 P.M. Sven Gustafson, Stonewood, LLC, and Tashitaa Tufaa, Applicant, were present. Curtis stated the subject property is located in the LR-1 A two-acre district and consists of 1.6 acres in area and is approximately 133 feet wide at the lake and 128 feet measured at right angles to the property lines. The property has been vacant since approximately 1999. The applicant is proposing to construct a new home on the property and requests approval of lot area and lot width variances as well as a side street setback variance in order to place the home 30 feet from Heritage Lane where a 50-foot setback is normally required. The applicant also requests a variance to permit a 6-foot tall fence on the entire perimeter of the property. The applicant is also requesting a conditional use permit to remove approximately 2,000 cubic yards of fill material in conjunction with construction of the home. The excavation appears to serve as an exaggerated drainage swale and possibly to provide a view of the lake from the lower level of the home. According to the plans, it appears that approximately 41 feet of the home's 130 foot length will encroach into the side setback. The property abuts a public street on three of its side perimeter lines and is subject to the average lakeshore setback requirements for fences, which limit the majority of the property perimeter to a 42-inch tall fence. The applicant is requesting a 6-foot tall open metal fence. The secondary access for the driveway is an issue that the Council will review and approve or deny. Within the staff inemo the Planning Commission has been provided separate reviews of the variances and conditional use permit against the code requirements. The Planning Commission should review the criteria listed. Staff finds practical difficulties exist to support redevelopment of this property, such as the substandard lot area and width which are not the result of actions by the landowner. The applicant is proposing to construct a new single-family home which is reasonable and consistent with the Comprehensive Plan. The lot area, lot width, and side street setback variances do not appear to result in reduction of open space between homes nor does it appear to be out of character with the neighborhood. The proposed home appears to be consistent with the goals of the Comprehensive Plan and does not appear to adversely impact adjacent properties. Staff has not identified practical difficulties supporting the request to allow a 6-foot tall fence along Shoreline Drive, Heritage Lane, and Heritage Drive or within the average lakeshore setback where a maximum of 42 inches is allowed. As it relates to the conditional use permit to permit the grading plan as proposed, this would result in the export of approximately 2,000 cubic yards of material. In addition, the resulting grades will potentially change the views into the site from Shoreline Drive. Approximately 185 truckloads are expected to be needed to export the fill. In addition to revegetating the property, which is a requirement of the permit, Page 18 of 30