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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 14, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 30 (8. #14-3656 NELCO LANDSCAPING ON BEHALF OF THOMAS RANGAARD, 2765 SHADYWOOD ROAD – AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT, Continued) Curtis stated creation of the rain gardens and installation of the elevated patios result in filling and grading within 75 feet of the lake, which would require a conditional use permit. The eastern patio is not an exact in-kind footprint replacement and appears to be larger and extend closer to the lake. Measurements from the 2007 survey and the current survey show the deck to be 319 square feet and the proposed patio to be 377 square feet. According to State Statute, an existing non-conforming structure may be reconstructed in-kind. The sidewalk, the west porch conversion to a patio and pavers appear to be in-kind replacements and can be approved administratively. The existing paver patio in the space between the former porch and the home was initially proposed to be removed by the applicant. After conversations with the homeowner, the patio is now proposed to remain. Curtis noted on March 17, the Planning Commission held a public hearing and voted 6-0 to recommend approval of the after-the-fact variances and conditional use permit with conditions. The applicant has met the majority of the conditions at this time. Staff supports approving the conditional use permit for construction of the rain gardens and the grading involved with construction of the two elevated patios. During the public hearing, the neighbor to the west voiced opposition to the plan and has also submitted written comments. Curtis noted that Staff has spoken with the applicant today and on Friday about the eastern patio. The applicant indicated that the east patio was constructed to the extent of the existing deck footings and suggested that the survey may not accurately reflect the pre-existing deck. The applicant is asking the City Council to grant the hardcover variance for the as constructed patio which, according to the survey, is approximately 60 square foot survey than the 2007 deck. This patio extends 15 feet from the house where the previous deck, according to the survey, extended 13.5 feet. Curtis noted Staff recommends denial of the variance for hardcover expansions shown in the proposed east patio footprint but the plans for the patio should be revised to match what previously existed. If the east patio is revised as noted above, none of the hardcover improvements will require variances as they will be considered in-kind replacements. The Council should consider directing the applicant to revise the plans for the east patio and consider directing Staff to draft a resolution for consideration at the April 28 meeting. Samuel Geer, Designer, stated the original design intent was to build the east deck or patio C within the same footprint of the previously existing deck. Nelco Landscaping began construction of the project last fall and completed the footings of that deck prior to the onset of winter and temporary closure of the construction site. Nelco was not aware that construction of the proposed paver deck constituted fill within 75 feet of a water body. Upon notification by the City that a variance and conditional use permit was required, Nelco filed the appropriate paperwork to start the process. Geer stated the goal was to receive a variance that would allow the project to be built as initially designed with the steps extending beyond the previous footprint of the previous existing structure. As Staff has described, this was not recommended by the Planning Commission, and as a result, changes were made to follow the recommendations of the Planning Commission and Staff to the letter. Geer indicated they have completed a stormwater pollution prevention plan and have been conducting weekly site inspections. Item #02 - CC Agenda - 04/28/2014 Approval of Council Minutes 04/14/2014 [Page 7 of 30]