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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, July 21, 2014 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 13 of 30  <br />  <br />Cavanaugh stated the lawsuit has been stayed by him pending discussions with the City in an effort to <br />find a resolution. <br /> <br />Schoenzeit asked what happens if the applicants prevail from the state law and it is determined that this is <br />a buildable lot but that Orono’s code standards relating to height and setbacks cannot be met. <br /> <br />Cavanaugh stated that is why they are here and that they are challenging the Special Lot Combination <br />Agreement. <br /> <br />Schoenzeit stated the question is whether the lot is buildable as proposed if the lot is compliant and there <br />was no Special Lot Combination Agreement in effect. <br /> <br />Cavanaugh stated his understanding is that Staff is recommending the average lakeshore setback variance. <br />Cavanaugh stated they cannot ignore the Special Lot Combination Agreement since the neighbor has one, <br />and if the agreement is found to be invalid, the neighbor’s agreement would also go away. <br /> <br />Cavanaugh stated as it relates to the height issue, they have a disagreement with Staff over the <br />interpretation of the code. Cavanaugh stated the house as proposed is below 30 feet. The alternative plan <br />that Staff has brought forward does not change the height but relates to the floors and how the code is <br />interpreted in relationship to the basement. <br /> <br />Mark Gronberg, Surveyor, requested the sketch showing the various levels be displayed. <br /> <br />Gaffron displayed Sheet A5. Gaffron stated this is the revised plan showing the garage on the left. <br />Gaffron stated instead of the garage being up four to six feet, it is on the same elevation as the lower floor <br />of the house. <br /> <br />Gronberg stated if you look at the definition of a basement, it states that a basement shall be considered as <br />a story for purposes of determining the number of stories in a building when the finished surface of the <br />floor above the basement is more than six feet above the existing ground level for more than 50 percent. <br />Gronberg noted it states the floor above the basement and does not say the second floor above it. <br /> <br />Gronberg stated the way they interpreted that to mean is the floor above the basement. Gronberg noted <br />there is another floor, which is the garage floor. Gronberg stated the floor above the basement is way <br />more than 50 percent, and when you use that interpretation, the need for a height variance goes away. <br />Gronberg indicated he considers that to be the floor above. <br /> <br />Gronberg noted the last line says: However, artificially raising the grade when such action merely <br />restores a previously excavated site to its original natural grade may be used as a method for converting a <br />defined story to a defined basement. <br /> <br />Gronberg stated at the end of the property there is a lift station which does not allow them to go further <br />down. Gronberg stated to get to the 10 percent, they are fixed at the garage grade. If the elevation of the <br />house is lowered any further, it creates the need for additional steps and causes problems relating to the <br />construction of the house. Gronberg illustrated how the water flows on the site and stated that there likely <br />has been erosion on the site over the years and that they should be able to use the contour lines straight <br />across where the normal grade would be. <br /> <br />Item #01 - PC Agenda - 08/18/2014 <br />Approval of Planning Commission Minutes <br />[Page 13 of 30]