09/16/2013 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 16,2013 6:30 o'clock p.m. Landgraver moved,McGrann seconded,to recommend approval of Application #13-3627,Richard Etrheim and Rebecca Shabaz,2216 Shadywood Road,granting of an average lakeshore setback variance for an in-ground spa. VOTE: Ayes 7,Nays 0. *6. #13-3628 THOMAS POTTER ON BEHALF OF RODNEY AND BARBARA BURWELL, 1100 MILLSTON ROAD,VARIANCES Landgraver moved,McGrann seconded,to recommend approval of Application #13-3628,Thomas Potter on behalf of Rodney and Barbara Burwell, 1100 Millston Road,granting of a setback variance for the detached garage and a variance to allow a second oversized accessory structure on the property subject to the standard covenants,with the understanding that an as-built survey with hardcover calculations will be required for the property following completion of all active projects prior to the release of the escrow. VOTE: Ayes 7,Nays 0. 7. #13-3629 RYAN AND STACY ALNESS, 1169 NORTH ARM DRIVE, SUBDIVISION, 7:10 P.M.—8:02 P.M. Ryan and Stacy Alness,Applicants,were present. Gaffron noted before the Planning Commission are two additional public comments received since their packet was delivered regarding this application. Gaffron stated the applicants are requesting subdivision approval to extinguish a Special Lot Combination Agreement that was executed between the City and the then property owner back in 2001. That agreement formally established that the lake parcel and the off-lake parcel will not be used, conveyed, sold, leased, or otherwise encumbered except together as if they were a single parcel. The applicants are requesting the lake parcel become a separate buildable lot. The lake parcel and the off-lake parcel have been commonly owned since 1969. In 1971,the owner at that time applied for variances to make the lake parcel buildable, suggesting that the assessed value was too high for an unbuildable lot. The intent in purchasing the lot was to have a dock. Those variances were denied. In 1981, a variance application was again applied for by the same property owner, and after the Planning Commission recommended denial,the application was denied. In 2001, a third variance application was submitted by the new property owner and the variances were again denied. In order to legitimize the use of the lake parcel for a dock, which is considered an accessory structure and not allowed on a property without a principal structure,the property owner was required to execute a Special Lot Combination Agreement. The agreement established that the lake parcel and the off-lake parcel will not be used, conveyed, sold, leased, or otherwise encumbered except together as if they were a single parcel. That agreement is binding and goes with the property permanently. The applicants have applied for a subdivision in order to extinguish the Special Lot Combination with the intent of making Lot 7, the vacant lake parcel, into a separate buildable lot. This process is required due to the following condition of the agreement: Page 8 of 34