03/19/2012 Planning Commission Minutes

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� MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 19,2012 6:30 o'clock p.m. Gaffron stated there is nothing in City Code that provides for that type of analysis. If the Planning Commission would like to consider that,that is a subjective process to deal with objective facts and could perhaps insert some more objectivity into the process. Gaffron stated that is a decision the Planning Commission would have to make. Stavig stated they would be constructing above where the driveway bed is and that there has been no � movement in that area for over 100 years. Schoenzeit commented the additional information might be helpful to the Planning Commission. Chair Schoenzeit opened the public hearing at 7:45 p.m. There were no public comments regarding this application. Chair Schoenzeit closed the public hearing at 7:45 p.m. Schoenzeit stated Staff's recommendations follow along very nicely with City Code,but that he would recommend tabling the application and perhaps collecting some further information regarding the nature and stability of the bluff,which would perhaps allow the granting of a variance. Thiesse stated he does not want the applicant to incur additional expenses if this application is not going to be approved. Thiesse commented he does not want to go against Staffs recommendations but pointed out that the majority of the bluff setback requirements relate to maintaining slope stability. Thiesse stated this situation is unique and that in his view slope stability is not an issue. Levang stated she is hesitant to go against the recommendation of the DNR. Thiesse asked why she is hesitant to go against that recommendation if the applicant can prove slope stability is not an issue. Landgraver commented it is a unique and mitigating factor, but fundamentally you hesitate to open the door to unique and mitigating factor on bluffs. Landgraver stated in his view all bluff areas will have extenuating circumstances and that he is reluctant to table it to allow the applicant to compile additional information on whether the driveway provides some stability to the slope. Leskinen indicated she is in agreement with Commissioner Landgraver and that she would be very hesitant to allow anything to encroach into the bluff setback zone. Leskinen stated the applicant could decide on his own to obtain additional information prior to the City Council meeting,but that she would not be willing to recommend the applicant obtain that information. Thiesse stated that is where he is having difficulty since it is a one-size fits all,and pointed out the reason for the line being placed there is to maintain the slope stability. If someone can prove that the line is actually in a different spot,then it would not be a bad idea for the applicant to obtain that information. The applicant purchased a piece of property that was deemed to be buildable but that it is not buildable to the standards of that neighborhood. Page 12