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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 12, 2009 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />Page 3 of 16 <br /> <br />ZONING ADMINISTRATOR’S REPORT <br /> <br />5. #09-3411 DAVID FOX ON BEHALF OF BILL FOX, TRUSTEE, 1095 FERNDALE ROAD <br />WEST – VARIANCES AND CONDITIONAL USE PERMIT <br /> <br />David Fox, Applicant, was present along with Darrin Schmidt, Contractor. <br /> <br />Curtis noted this application was heard at the August 17th Planning Commission meeting and was tabled <br />to allow the applicant time to revise his plans in order to reduce the hardcover level and to locate the <br />residence further out of the average lakeshore setback. The applicant is requesting a conditional use <br />permit in order to rearrange the floodplain on the property to allow him to build a replacement residence. <br />The applicant is requesting variances to lot area, lot width, lakeshore setback, average lakeshore setback, <br />and hardcover within the 0-75 foot zone. <br /> <br />The applicants have revised their plans to reduce the proposed footprint of the home and have eliminated <br />the floodplain setback encroachment. They have also reduced the average lakeshore setback <br />encroachment and have reduced the proposed hardcover within the 0-75 foot zone. In addition, the <br />applicant is proposing the home extend 35 feet into the average lakeshore setback, which is an <br />improvement of five feet from the previous plan. The existing home on the property extends 75 feet into <br />the average lakeshore setback. The home is proposed to now be located approximately 40 feet from the <br />lake. <br /> <br />Hardcover has also been reduced, with the applicant proposing 16.2 percent hardcover in the 0-75 foot <br />zone and 18.15 percent in the 75-250 foot zone, which is a slight increase from the previous plan. <br /> <br />The Planning Commission voted 5-0 to recommend approval of the variances and conditional use permit <br />based on the revised plans and consistent with Staff’s recommendations. <br /> <br />Planning Staff recommends approval with the following conditions: <br /> <br />1. The house siding, trim and shingles should be dark colors in order to reduce the visible impact of <br />the house, especially as viewed from the lake. <br /> <br />2. Provision of mitigation measures, including: native buffer areas to be incorporated where <br />appropriate, and patio and sidewalks to be constructed using pervious pavers. <br /> <br />Staff would note that the applicant should be required to provide an extension request should the Council <br />elect to approve the application. <br /> <br />James Murphy noted he was in attendance at the last two Planning Commission meetings when this <br />application was discussed and that the Planning Commission provided good direction to the applicant, <br />which has been complied with. Murphy noted this is a difficult lot to work with and that he is pleased <br />with the efforts taken by the applicant. <br /> <br />McMillan commented she did notice in the minutes that the applicant did a significant amount of work in <br />revising his plans. McMillan stated she does not feel the motion should require the applicant to utilize <br />dark colored siding on the residence since it may be viewed as too much government control. <br /> <br />Item #02 - CC Agenda - 10/26/09 <br />Approval of Council Minutes 10/12/09 [Page 3 of 16]