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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o’clock p.m. _________________________________________________________________________ (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Gaffron concurred, pointing out that in the 1980’s the City determined that deck railings more than 6’ above grade are considered part of the home structure and should be part of the delineation. Betsy Nusbaum, 3480 North Shore Drive, asked what the difference is between the criteria for a lot with a structure on it as opposed to those that become ‘vacant’. Gaffron stated that, although a total rebuild or new construction is subject to virtually tougher standards than a remodel project of an existing structure, on a substandard lot it is not unusual to see 40% hardcover on redevelopment projects. Turner noted that the proposed hardcover for the area between the two 0-75’ zones is 43.8%. Maintaining that a recent home constructed to her west was granted their certificate of occupancy having never completed any grading or even having planted grass to date, Nusbaum asked how the city could ensure that the obligations of final grading have been met on a property, as there are no ramifications if they do not live up to their end of the bargain. Moorse explained that the certificate of occupancy should be used as the final leverage to ensure the owners have met their obligations. Rahn stated that there should be a contingency placed on these types of sensitive properties to ensure that the certificates of occupancy do not get issued until the drainage and grading is complete. Kellogg agreed that a condition should be added to require an as-built survey be done to ensure the final grading is in general conformance with the application. He acknowledged that inevitably over time some of this tends to change. Turner stated that, as this is floodplain, the City can require that an as-built survey be provided at the time of certificate of occupancy. McMillan suggested that a house plan should be designed around the necessary side yard setbacks, and what constitutes a good swale in order to meet the drainage requirements for the area, since so much hinges on this. Kristi Anderson, 1408 Baldur Park Road, thanked the applicant for bringing the height down and thanked the Council for their consideration of the drainage concerns in the area. She reiterated the need to build in stipulations that the drainage be complete before the certificate of occupancy is issued, since there are three specific cases on the street in which this was not the case. In addition, she asked the Council to keep in mind that Planner Turner’s own report acknowledges that the average hardcover in the area is 34%, despite the 40% on Mr. Reid’s property. Mayor White suggested the applicant be more creative in resolving the drainage issues, perhaps consider a cistern system, and even pick up a Fine Home Building magazine to find more small home plan ideas to incorporate into his design. _________________________________________________________________________ PAGE 4 of 12 Item #02 - CC Agenda - 06/25/07 Approval of Council Minutes 06/11/07[Page 4 of 12]