09-11-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 21, 2017 6:30 o'clock p.m. eliminated by relocating the sewer connection or the applicants must grant an easement for the encroachment. The survey indicates that a small portion of the deck for the house at 3560 Ivy Place may encroach into the applicants' property. In addition, a portion of the driveway serving 3560 Ivy encroaches into the applicants' property. Possible remedies for these two encroachments include a lot line rearrangement, an easement, or removal of the encroachment. The applicant's proposed driveway parallels this encroachment. Access to the site is via a road easement that extends through 3560 Ivy Place. An existing driveway easement will be vacated and replaced with a 30 -foot wide Outlot A that will serve both Lots 1 and 2. Outlot A will be located within the 75 -foot lake yard but generally outside of the drainage and shore stabilization easement. A portion of the outlot will encroach into this easement because the existing road easement terminates into the drainage and shore stabilization easement. Establishment of a cul-de-sac or more functional turnaround at the end of Ivy Place would be desirable but there is not sufficient room to accomplish that within the existing right-of-way. Acquisition of additional right-of-way from the applicants' property would seem to be of marginal value given the configuration of the property and the close proximity of the lakeshore. The neighboring property owner has raised concerns with access and the applicant's attorney has responded. As a result of it being a private driveway, the City is not in a position to arbitrate the access question. Because this is a peninsula and because both lots having shoreline on two sides, the average lakeshore setback should be addressed as part of the approval resolution. It would appear that the location of the adjacent home at 3560 Ivy should be the defining property for establishing average lakeshore setback on the lake side. The home at 3560 Ivy appears to be 35 feet from the lake. Since the survey indicates that 3560 Ivy does not abut the lake on the lagoon side, there would be no average lakeshore setback on the lagoon side. Any new homes on Lots 1 and 2 must be at least 75 feet from the shore and Staff would suggest that 75 feet become the required average setback regardless of which lot is built first. The proposed plan shows both lots having a conceptual footprint preserving the 0-75 foot lake yards. Page 2 of 19