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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,March 19,2012 <br /> 6:30 o'clock p.m. <br /> much steeper on one side,which is a bluff area,but the other areas of the lot appear to be at a lower level <br /> in terms of the severity of the slope and could be constructed upon. Virtually no grading would be <br /> required on the sides of the lot. <br /> Stavig indicated they have attempted to propose as small of a house as possible in keeping with the <br /> character of the neighborhood. In his view the driveway bed is a structure. According to City Code <br /> under the definition of a structure,the driveway bed would meet those criteria. Stavig stated they are <br /> proposing something that would leave the driveway bed. Their proposal is very reasonable, especially <br /> since there are no hardcover issues, septic issues or side lot issues. Stavig noted this lot was buildable <br /> back in 1969 and that they are hoping for a reasonable resolution. <br /> Schoenzeit asked how the applicant's plans would be impacted if the area is determined to be a bluff. <br /> Schoenzeit commented the Planning Commission does not see a lot of bluff situations in Orono so their <br /> experience with them is minimal. Schoenzeit noted there have been other government agencies making <br /> comments on this application encouraging the City to enforce the existing codes. . <br /> Stavig stated if it is determined a bluff, he would argue that the driveway bed should be considered a <br /> structure under Section 78.1. <br /> Schoenzeit stated to his understanding a structure has to be six feet off the ground. <br /> Stavig stated a structure is an edifice or building of any kind,which he would argue that it is, or any piece <br /> of work artificially built up or composed of parts joined together in some definite manner which requires <br /> a location on,below or above the ground, land or water, or attached to something having a location on the <br /> ground, land, or water. <br /> Thiesse stated he would prefer to defer determination of whether the driveway bed should be considered a <br /> structure to later if that becomes necessary. If the roadway is determined to be structure, it would need to <br /> be removed prior to a house being constructed on the lot. <br /> Schoenzeit noted the applicant would be over on structural coverage if the driveway bed is considered <br /> structure. <br /> Stavig stated if it is determined to be a bluff,he would argue that a nonconforming structure exists on the <br /> property and he would attempt to push the property setbacks further back toward the bay. <br /> Levang asked why the applicant stated that all the code would allow would be a trailer or a garage when <br /> the applicant is proposing a structure that is 1,500 square feet. <br /> Stavig stated he has paid approximately$200,000 in property taxes on this lot, and that his comment was <br /> in response to a comment by Staff. There are variances being considered to allow the structure to be <br /> closer to the cul-de-sac,which would make it out of character with the neighborhood and would be less <br /> appealing to some of the immediate neighbors. <br /> Gaffron stated on Exhibit L2,the hashed area is an area that is left over if all the setbacks are met,which <br /> results in a fairly skinny area. Gaffron stated he would not be surprised if it was commented on by Staff <br /> as being an area that a trailer could fit into. <br /> Page <br /> 10 <br />