10-21-2013 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 34 Staff finds some of the proposed grading appears to be an attempt to achieve positive drainage away from the house. However, the grading on the lake side slope area seems to be an attempt to create a larger outdoor patio living area and better view from the walk-out area of the house. According to the City’s Comprehensive Plan and City Code Shoreland Zoning regulations, grading should be limited within the 75-foot setback area to only that which is minimal and necessary, and any changes or modifications to the lakeshore which result in a significant change in vegetation, topography, etc., are to be discouraged. Staff would suggest the applicant redesign the grading plan to reduce the amounts and the impacts of the grading. An administrative permit for grading will not be issued until the grading within the 0-75 foot area is resolved and approved by the City. Staff would also suggest that the applicant consider redesigning the lake access stair to either meet the minimum 4-foot width requirement or meander the stairs to increase the opportunities to screen the stairs with plantings. Staff met with the applicant this morning and discussed the revised plans and the challenges with regard to stormwater on the property. The applicant’s revised plan appears to address the majority of the City Engineer’s concerns. However, those changes have not been fully reviewed by the City Engineer. The issues regarding changes to the shoreline still need to be addressed. Curtis stated an onsite meeting with City Staff and the applicant’s engineer will be scheduled to review the issues the applicant is identifying regarding the stormwater on the property and to discuss their erosion concerns on the adjacent City right-of-way. Based on the revised plans, a permit will be issued for the driveway work and the retaining wall near the house to correct the grading prior to the winter snow. However, the grading within the 0-75 foot area must be resolved satisfactorily prior to the grading permit and the conditional use permit being approved by the City. Staff recommends tabling the application tonight and the Planning Commission should provide guidance to the applicant regarding the grading within the 0-75 foot setback and screening of the stairs. If the applicant is not amenable to tabling the application, Staff would recommend denial of the conditional use permit and variance as proposed. Thiesse asked if the beech wood tree was removed in the 0-75 foot setback. Landgraver noted only the stump remains. Lin Yan indicated the roots of the tree were damaged in the last storm and that they had obtained a permit to remove it. Landgraver asked if there is any hardcover increase related to the driveway. Curtis indicated there is and that the new hardcover being proposed for the 0-75 and outside of that zone is 1,360 plus square feet for a total of 19 percent. Landgraver asked if the slope would fall within the definition of a bluff. Dutra stated it would not be considered a bluff since it is only 15 feet above the lake. Item #01 - PC Agenda - 10/21/2013 Approval of PC Minutes 09/16/2013 [Page 3 of 34]