05-22-1995 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#9 - Hillside Place Administrative Appeal - Continued) • Callahan asked if there were any comments from the public. Mrs. Matson spoke on the behalf of her husband and herself. They are against Dahl using Wallace Avenue as a driveway. This road goes to the end of their property. It was designated in 1859 for the four lots that they presently own. Wallace Avenue is not used. When zoning codes were changed, the lots were deemed substandard and unable to be sold separately. The drive is 8 -1/2' from the corner of their house. Matson said they were told that the unimproved road would never be used by anyone but by their four -lot parcel. Hillside Place access is available, and Matson feels this is the appropriate access for Dahl. Ray Pasch, 3300 Navarre Lane, said Hillside Place goes past his home. Pasch said there is no difference between Hillside and Wallace, as they are both undeveloped. He said Hillside is only passable because the Dahl property's past owner, Jacci Segner, used it to access the rear of the property and had maintenance performed on it by neighbor, Clair Rood. Pasch said Wallace is a driveway and not a road. Dahl's request was to use the northern 15' only of the 20' road, which Pasch said would increase the distance from the Matson house. Pasch said Hillside Place was a 16' driveway and is within 10' of a $600,000 home owned by Clair Rood. Clair Rood, 2215 Kenwood Way, said Hillside Place is within 10' of his garage by Bayview. Callahan agreed, but said that Rood built it himself within 10' of that road. Rood said this was true, but that it was not a problem, and thinks 10' is far enough • distance away. Jabbour remarked that during the lot line rearrangement, the egress was changed for the property, so did not see any need to further change the driveway location. Jabbour questioned how the change would affect the residences if this additional home was allowed to egress from Wallace Avenue. Gaf&on said lots 44 and the combined lots 45-47 were the subject of a lot line rearrangement subdivision. To allow the use of Hillside by the applicant property, the subdivider agreed that the previous homes using Hillside as a developed driveway would no longer be allowed to use it. A fence was installed to prevent this egress. It was noted in the resolution and agreement that if something were to change in the future, this situation could be revisited. Only two homes can egress Hillside without triggering an upgrade to road status, and there is not enough right -of -way to upgrade it or install a cul- de -sac. The subdivision applicant owned all of the lots at that time and later sold the lot in question to Dahl. The subdivision has been approved. Gaffron noted that if Dahl was allowed to access Wallace, then Segner could come back with a request to amend the agreement and re- commence using Hillside Place for access to the existing residence. Rood commented that Dahl's lot is to the north of the 8' drainage ditch. The ditch cannot be crossed nor filled in. The ditch drains into the pond on his property. Rood • emphasized that both Hillside and Wallace were driveways and not roadways. 9