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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 16 (7. #09-3422 RICHARD AND LEESA ANDERSON, 3205 CRYSTAL BAY ROAD, Continued) and calculations. The porch is proposed to be set back 6.4 feet from the western side lot line and the living space addition is proposed at a 0’ setback from the eastern side lot line, which is also the municipal boundary between the two cities and functionally the middle of the property as it has historically been used. The City Council should consider the following: 1. Are there other storm water solutions available to protect the applicants’ home from storm water such as rain gardens, vegetative swales, or infiltration beds? 2. Are the proposed infiltration areas an effort to make up for the excess hardcover rather than managing the storm water? 3. Considering the setback variance and the resulting/proposed 22 feet separation between the proposed covered porch and the neighboring home is the proposed access to light, air, and open space reasonable? The Planning Commission voted 4-1 to approve the setback variances, the hardcover variances as revised, and further recommended that all new hardcover be pavers for increased permeability. Planning Staff recommends approval of the setback variances, including approving the illegal deck, but continues to feel that there is too much hardcover proposed. Staff is still a little unclear as to what hardcover is proposed to remain, proposed to be installed, proposed to be removed, etc. The applicants should provide a color-coded version of the survey indicating what stays, what will be new, and what goes so that both the applicants and the City have the same understanding. McMillan asked if the deck was constructed into the side setback. Curtis indicated that the deck does not meet the 10-foot side setback. White asked what hardcover would remain. Curtis noted 21.5 percent hardcover will remain in the 0-75 foot zone as well as the parking area. The applicants are installing a new sidewalk to access their property from the gravel parking area and have removed portions of a flagstone walk. A portion was added to the walkway in order to access a patio. Curtis illustrated the two additions to the home that are being proposed. Within the 75-250 foot zone, the applicants are requesting a variance to allow 34.8 percent hardcover. They currently have 44.5 percent hardcover in that zone. McMillan stated she does not have an issue with the hardcover but that she does have a problem with granting a side setback variance since the deck was constructed illegally in the first place. Curtis noted the applicants are removing the yellow-colored portion of the deck. McMillan asked whether structurally that is easier to do rather than remove the entire portion that is located within the side setback area. Item #02 - CC Agenda - 10/26/09 Approval of Council Minutes 10/12/09 [Page 5 of 16]