06-16-2014 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 19, 2014 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 31 The majority of the subject property is unbuildable since all but the rear 26-40 feet is located within 75 feet of the OHWL. This creates a practical difficulty for redevelopment of this property. Gaffron noted that a number of the lots in this area are actually smaller than this lot. However, the applicants do have the right to replace the existing residence in-kind if they choose to do so. From a footprint perspective, the existing house and proposed house are nearly identical at around 1,400 square feet. The proposed house will be two full stories rather than the existing 1-1/2 story structure. While the applicants’ proposal will not increase hardcover, it will increase the visual bulk and massing as compared to the existing home. The proposed low-pitch roof will help to keep the new house from visually towering over the neighbor to the west. In terms of the conditional use permit analysis for the grading, Staff looked at 15 elements. The proposed retaining walls and grading improvements are residential in nature and are compliant with the zoning code. The criteria in 6, 7, and 8 asks whether the proposed improvements are appropriate and in character with the surrounding neighborhood. Staff believes the proposed new residence located partially within the 75-foot setback area will have little impact on the surrounding lands. Drainage patterns for runoff leaving the site will be altered with the intent to significantly improve them. Gaffron displayed an overhead showing the drainage around the back of the house. The applicants have noted that the driveway as you head west along the trail is heading downwards and experiences runoff from the trail as well as the shared driveway system. Part of the proposed new home construction includes raising the elevation of the garage approximately one foot to alleviate the drainage issue. The drainage will be diverted down the west lot line so no drainage will be added to the house to the west. Item No. 12 of the conditional use permit criteria requires that the grading activity and its results will not cause excessive non-residential traffic on residential streets or parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. While the proposed grading is not excessive and will not be time-consuming, a neighboring property owner has indicated that access of construction equipment and vehicles from the rear easement driveway area has the potential to disrupt the condition and functionality of that driveway for other users. The applicants and their contractors will need to be vigilant in ensuring construction activity does not impair other driveway and Crystal Bay Road users and that any damage is repaired. Item No. 13 requires that the grading be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed grading on this lot is minimal and will have few, if any, environmental impacts. The applicants have indicated they plan to relocate a small 5’ x 9’ shed onto the property that is partially on the HCRRA right-of-way. Gaffron suggested the Planning Commission have the applicants discuss the use of that shed. There has also been some discussion as to whether the existing decorative and functional retaining walls adjacent to Crystal Bay Road should be removed. Staff’s conclusion is that these walls likely provide some measure of stability to the slope and their removal might cause erosion problems. Staff recommends approval of the proposed area, width, setback and hardcover variances for construction of a new home on the site on the basis that hardcover will be made conforming and the encroachment of the HCRRA right-of-way will be eliminated and the easterly substandard setback will be made conforming. The setback from the lake and from the street will be reduced in order for this to occur. The Item #01 - PC Agenda - 06/16/2014 Aproval of Planning Commission Minutes 05/19/2014 [Page 2 of 31]