07-10-1995 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ( #7 - 92029 William Smith - Continued) A lot lit was approved roved in 1986. At the time of that resolution, it was determined that • sP any future division of Lot 1 would require legal access be provided to all three lots through a private road platted on the east side. There is no control over Lot 2 as it has another owner. Filling of wetlands and mitigation would be required if a road were to be created. This would also result in the removal of large evergreen trees. Another option would be looking at a front lot/back lot configuration with a 30' outlot on the east side. This would have minimal impact on the wetlands. A connecting driveway would have to be provided from the outlot to serve the northern lot. This would involve encroachment of wetlands to get to the building envelope on the west side. Lot 2 must use the driveway for access. It was further noted that the area standards are met. Mabusth reported the Planning Commission felt there would be a negative impact on proposed Lot 2 if drive was to the east and a new drive encroaching the new lot for Lot 2. A curb cut on the west side was considered but code requirements would make this difficult. It was felt this would conflict with the comprehensive plan. The applicant has asked to use the existing easement driveway for all three lots. After taking in the fire department needs, the Planning Commission recommended widening of the drive from 10' to 12'. The drive was approved in 1986 at 12'. It was further recommended that the portion of the drive beyond the curb cut for Lot 2 be upgraded to a width of 18' and an outlot be designated through Lot 2 to define the driveway. Planning Commissioner Sandra Smith said the application had been tabled to allow the • applicant to contact the homeowners of Fox Run to inquire of use of their private road for access to the lots. The homeowners have no interest in granting Smith access from their road. The City has no easement or recourse to make this option happen. Kelley noted the costs involved if the City were to initiate taking Fox Run and upgrading it to a 24' paved road with a cul -de -sac to serve these lots. Kelley thought the City's opportunity to do this was in 1986. Callahan asked Mabusth what the 1986 resolution stated. Mabusth said the resolution asked that all three lots would need legal access. Callahan voiced the possibility of requiring this and the need to live up to the rules established. Jabbour cited the City's own example with the Melamed application. He agreed with Callahan but thought the ordinance may be too rigid. Jabbour did not believe the City would want to redivide the land and did not see the benefit. 4