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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 16 (5. 11-3527 JASON AND JODY SMITH, 2690 RAINEY ROAD, Continued) Rahn moved, Franchot seconded, to recommend approval of Application #11-3527, Jason and Jody Smith, 2690 Rainey Road, granting a 40-foot variance to the outlot setback. VOTE: Ayes 4, Nays 1, Bremer Opposed. 6. 11-3528 TIMOTHY AND DANIELLE KOEHLER, 4205 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 6092 Timothy Koehler, Applicant, was present. Curtis stated in 2007, variances were granted for lot area, lot width average lakeshore setback, and hardcover in order to construct a new residence on the subject property. The house was built and a certificate of occupancy was issued in 2009. An agreement in 2009 allowed the existing shed on the property within the 0-75 foot zone to remain so the 0-75 foot hardcover does not match the resolution. Since that time the applicants purchased and occupied the new home. The variance approval limited the property to 167 square feet within the 0-75 foot zone, and 3,512 square feet within the 75-250 foot zone. The 2007 variance also limited the property to 2,732 square feet within the 250-500 zone where normally 30 percent hardcover is permitted. Variances are required in order to exceed those levels. The applicants would like variances to make hardcover improvements to the property in order to make the driveway and other areas safer, more functional and aesthetically pleasing. They were initially proposing to remove a 73 square foot patio within the 0-75 foot zone; add 88 square feet of hardcover within the 75- 250 zone for a patio; and add 590 square feet to the 250-500 foot zone for additional driveway and retaining walls. The patio should have been removed with the 2009 agreement. The Planning Commission voted 5 to 0 to recommend approval of variances as follows: 1. Removal of all of the 0-75 foot zone hardcover except for the shed and the stair; 2. Approval of an in-kind replacement of the patio within the 75-250 foot zone constructed by the builder and revisions to driveway turnarounds resulting in a 75-250 foot zone hardcover variance to allow 29.1 percent hardcover where 25 percent is normally permitted and 28.4 percent was previously allowed by variance. 3. Approval of a side setback variance to formalize the location of the eastern, blue stone retaining wall to remain as constructed up to the property line; 4. Approval of a hardcover variance up to the Code permitted 30 percent within the 250-500 foot zone to create a functional driveway turnaround along with removal of the second turnaround. Planning Staff recommends approval of hardcover variances and a setback variance for the retaining wall consistent with the Planning Commission's recommendation. Due to the timing of the application and the need to resolve the unsafe driveway issue before winter, Staff drafted a resolution based on the submitted, revised landscape plan and unconfirmed hardcover numbers. The applicant will submit an updated survey to verify the hardcover as approved. Should the 75-250 foot zone hardcover numbers differ slightly from the approved amounts, Staff will amend the resolution accordingly. If the revised hardcover Item #03 - CC Agenda - 11/28/2011 Approval of Council Meeting Minutes 11/14/2011 [Page 6 of 16]