02-11-1991 Council Minutes - Laserfiche WebLink

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ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1615 & #1616- MROZ /HOPKINS CONTINUED She said, "There is no legal easement granting access for the adjacent property owners to the Golf Course. I would refer to Mr. Mroz for any information he may have in this respect. I explained to the Attorney that the City must be assured that two acres of dry contiguous land is maintained. With the exclusion of the wetland, and the areas of the 30 foot and 15 foot drainage easements, the dry contiguous is reduced to 2.11 acres. I advised the Attorney that any access easement that is created over that portion of property may reduce that area below the required two acre minimum." Mr. M::oz said, "The property owner in question is John Powers. He had approached us about purchasing the portion of our property that is located behind his house. We informed him we could not sell any portion of the property. Mr. Powers asked us if we would allow the Club to continue maintaining any portion of that property that is not used by the new homeowner. We informed Mr. Powers that we would agree to such an arrangement. I do not believe we can legally grant an access easement." Callahan asked whether the access would continue to be used. Mr. Mroz replied, "It would depend on who owns the property. I would imagine it may be used by the adjacent property owners." Jabbour asked if the City would be notified by the County if the property owners filed an access easement after the subdivision is completed. Mabusth stated that the County would more than likely not provide any notification to the City of such an easement being filed. Barrett stated that the property owners could file such an easement. He said, "If an easement were filed and came to the City's attention, the City could treat it as a violation of our Subdivision Ordinance. Secondly, the City is putting the property owner on notice that, if the easement decreases the lot size, it cannot be developed. That is the practical leverage that the City has to prevent unwanted easements,." Callahan suggested that such language be included in the resolution. Goetten stated that she would grant the property owners access to sewer and water because Ferndale Green has sewer and water and the lots do meet the two acre minimum. Bernhardson suggested further amending the resolution to also place the property owners on, notice that the provision of municipal water and sewer does not entail a potential reduction - 14 -