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 - 42029 William Smith - Continued) Callahan said the driveway ordinance is under scrutiny by the Planning Commission to consider a change in the code. Mabusth said if a reclassification were to be done, standards would also be made for driveways and noted this particular driveway does not go anywhere. Planning Commission Chair Peterson had recently asked the Council for direction regarding the ordinance. Jabbour agreed that the Council needs to revisit the ordinance. Callahan voiced a conflict with views from engineering staff and naturalists regarding this issue. Kelley was concerned with the City determining what kind of driveway a landowner could have on their private lot. Kelley opined that if Fox Run were mandated to allow these lots access from Fox Run that the homeowners would come to appreciate it. Kelley cited the Wear road example. If Fox Run were to the same standards, the City would want to make Fox Run public. Callahan said if a variance were granted, instead of an 18' drive with a cul -de -sac, Fox Run should be taken. Goetten questioned if the idea was to condemn Fox Run and noted the need to notify the homeowners. Goetten emphasized the need to establish some rules. Applicant Smith said he has made arrangements, as a result of the Planning Commission recommendations, to widen the road and maintain it. Smith said he is in the process of writing covenants for the road maintenance. The owners of Lot 2 agree with this • recommendation and has a turnaround on their property to handle fire department trucks and heavy equipment. This verbal agreement is in the process of being formalized. Smith said he agrees to provide a larger area on the northern lot for a turnaround and exit for larger vehicles. This area was originally intended for visitor parking. Callahan asked Smith when he acquired the property (May 16, 1995) and received confirmation that Smith was aware of the standard requiring the drive to be upgraded if any further division occurred. Smith elaborated that he felt the proposed driveway upgrade would be the best plan considering having received no cooperation from the homeowners of Fox Run and the impact a new road would have on the land. Smith said the owners of Lot 2 have no interest in gaining access from Fox Run. Jabbour noted that the cost to condemn Fox Run would be assessed to Smith if it occurred. Jabbour moved, Goetten seconded, to approve Resolution #3577 per the Planning Commission recommendations. Ayes 3, Nays 1, Callahan Nay. Callahan moved, Jabbour seconded, to place a two -month moratorium on any further subdivision application involving the driveway /private road issue, where an upgrade from a driveway to a private road is presently required when a third lot is created on a driveway. This moratorium is to allow time to study the issue. Barrett said a written resolution is required to define the moratorium. Ayes 4, Nays 0. •