06-18-2012 Planning Commission Packet

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FILE#12-3560 ` � June 13,2012 Page 4 of 5 Re: Items 6-7-8. These criteria essentially ask whether the proposed new grade and the resulting home that it accommodates is appropriate and in character with the surrounding land and neighborhood. Staff believes the fill as it exists today will have no impact on surrounding lands. Drainage patterns for runoff leaving the site are not significantly altered. The resulting grade will allow for structure heights and character similar in magnitude to those of other new homes in the neighborhood. Prior to the fill, the pre-existing grade from west to east was a gradual slope not conducive to a walkout situation. Lot 1 is at the low side of a long slope, and the fill will allow for a house that is compatible visually with nearby homes and will not appear to be artificially raised above the adjoining ground. It should also be noted that the area filled was open field and had no impact on existing vegetation. A key element of Section 78-967(b)(2) is the requirement that"structures shall not be arti�cially raised above the pre-existing surrounding topography". This code language was established many years ago to avoid situations where, typically on an area of generally flat topography, grading is done that would result in `mesa-like' homes with contrived basements that are at or above the pre-existing grade. Similar language is found in Orono's definition of'basement'; and the definition of 'building height' relies on use of pre-existing grades. The City has, however, commonly allowed the establishment of new existing grades at the time of subdivision where topographic conditions dictate that building pads be approved and created at the time of subdivision infrastructure development - examples being Willow View, Stonebay and Glendale Cove. That was not done with Graham Hill, although hindsight suggests the developer would have been well-served to consider the future needs of certain individual lots. � � Re: Item 9. This standard requires that the fill and its resulting use for a new residence must not substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed use of the property for construction of a residence will not be changing as a result of the proposed fill, so there should be no change in the use and enjoyment of adjacent properties. Re: Item 13. This standard requires that the fill be designed to take into account the natural, , scenic, and historic features of the area and to minimize environmental impact. The fill and proposed grading on this lot will have minimal if any environmental impacts. The grading proposed is deemed by the applicant to be the minimum necessary to provide an ideal building pad for the proposed home. As a result of the fill and proposed house location not matching the original conceptual site layout shown at the time of subdivision approval, new septic sites have had to be tested; those new sites meet the City's criteria and are acceptable. No fill or grading has been done nor is any proposed within the Conservation Easement area along the southerly boundary of the site. City Engineer Comments _ See Exhibit M. City Consulting Engineer David Martini has indicated that a Storm Water pollution prevention Plan (SWPPP) will be required, that any retaining walls higher than 4 feet will require engineered plans, and that a MCWD erosion control permit will be required. These are all items that will be necessary in order for the building permit to be issued.