10/21/2013 Planning Commission Minutes

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MINUTES OF THE ORONO CITY PLANNING COMMISSION Monday,October 21,2013 6:30 o'clock p.m. This plat created a 50-foot right-of-way known today as Rocky Knoll Drive. 25 feet were platted on the 3465 property and the other 25 feet of right-of-way was accomplished with a road easement over 3515 to the west. In 1980,the property platted as Rocky Knoll, Lots 1 through 3,were combined and replatted as Lot 3,Block 1, of Craddock Ledstrom Estates. The property at 3515 to the west was not subdivided. There have been residences on the two properties since 1969. Since that time,Rocky Knoll Drive has served as a private, shared driveway. Curtis indicated Dale Peterson is the owner of 3515 Sixth Avenue, and on behalf of himself and Gail Ledstrom,the owner of 3565 Sixth Avenue to the east,requests that the City vacate this 50-foot platted right-of-way. The right-of-way is undeveloped and functionally serves as a gravel driveway between the Peterson and Ledstrom properties. There does not appear to be a formal established homeowners association or recorded document detailing maintenance responsibilities. The public utilities serving this area have been contacted regarding their potential use of the right-of-way. Each of the utilities has responded that they have no utilities in the right-of-way and that they are not opposed to the vacation. Curtis stated the required 50-foot RR-1 B side street setback from the edge of the right-of-way is causing an undue burden on both property owners,particularly considering the location of the home on the Peterson home. There are no public or city utilities located within the right-of-way and there is no need for access to the city-owned park to the south. There are only two homes served by this driveway. For those reasons, Staff recommends approval of the vacation and extinguishment of the 25-foot right-of- way over 3515 Sixth Avenue North. Staff also recommends the establishment of cross-access easements addressing access to both properties over the existing driveway. The Petersons and Ledstroms should also consider formally entering into a driveway easement. Landgraver asked if there is any downside to approving this. Curtis indicated it is Staff's opinion there are none. Thiesse asked whether the City can require the maintenance agreement. Curtis indicated Staff is recommending one. Gaffron stated in a shared driveway situation,the City usually requests cross-easements and that in his view the Code would require it. Thiesse commented it makes absolute sense but that he was not sure whether it was within the Planning Commission's purview to require the cross-easements. Chair Leskinen opened the public hearing at 8:20 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 8:20 p.m. Page 19 of 42