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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2008 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 8 5. #08-3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY HERMAN, 3825 CHERRY AVENUE, Continued that the applicant’s plan is not acceptable. Smyth is recommending, rather than utilizing buffer averaging, that it would be more beneficial to improve a buffer area ten feet wide adjacent to the wetlands. The Planning Commission recommended approval of the hardcover variance subject to the 24-foot wide section of the addition being shifted two feet toward Cherry Avenue and a permeable material being used for the driveway. The shed may remain but must be relocated to comply with setbacks. A revised plan by the applicant showing the change in the garage location and elevation and the relocated shed was submitted. Hardcover in the 75-250 foot zone was reduced from 30.5 to 29.5 percent. Further, the Planning Commission recommended approval of the buffer averaging subject to, one, the applicant providing a plan, acceptable to the City’s wetland consultant, showing where the buffer averaging would occur; and two, approval of buffer averaging conditioned on the applicant providing a plan acceptable to the City’s wetland consultant and elimination of the encroachment of the front sidewalk into the 50-foot impervious surface setback. Planning Staff recommends approval of a hardcover variance but without the shed, which would result in 28.47 percent hardcover in the 75-250 foot zone. In addition, Planning Staff also concurs with Mr. Smyth regarding the appropriate mitigation for the encroachments into the buffer setback. The addition is part of a remodeling of the whole house, so it is unlikely improvement of the buffers would be triggered in the next 20 or 30 years. Requiring improvement of a buffer area and/or rain gardens would mitigate for the existing encroachment as well as for the proposed encroachment and would benefit the wetlands and the lake more than the existing situation. White asked what options were considered for eliminating the variance. Turner stated the option for eliminating the setback variances would have been to position the addition in a different location, which would have resulted in an increase in the hardcover due to the longer driveway being required. At the present time the property only has a single-car garage and the lowest opening into the house is at 932.4 feet, which barely makes the floodplain elevation from the lake. The wetland to the west has its own elevation requirements, which means that the lowest opening into the structure should be increased to 934’. As a result, it would not be feasible to reconvert part of the basement back into garage. Murphy asked whether it would be possible to decrease the amount of hardcover in the driveway at all. Turner stated she did not review that option thoroughly, but that given the angle of the driveway, it is likely the hardcover would not be decreased by more than half a percent. Murphy commented the proposed plan is a substantial improvement over what currently exists but that he would like to see the hardcover decreased if at all possible. McMillan asked what is meant by improved buffer. Turner stated John Smyth is looking for a buffer with native vegetative plantings rather than just grass, which does not meet the definition of a wetland buffer. McMillan asked whether Smyth is suggesting the buffer be a certain width. Item #05 - CC Agenda - 01/12/09 Approval of Council Minutes 12/08/08 [Page 3 of 8]