03-20-1995 Planning Commission Minutes

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 20, 1995 ( #7 - 42002 - William Smith - Continued) This plan is for a division of a two -lot subdivision originally approved in 1985. There is adequate area to meet requirements of a back lot division with 7+ acres. The applicant was advised in 1985 that future access considerations required access conforming to a 3- lot subdivision. The City acquired no underlying access easement over the roadway in the adjacent RLS division. The owner of the RLS said he would never approve any easement or curb cut. This results in only two options, A and B, for the applicant, not three as proposed. Mabusth reported that the existing driveway comes very close to the wetland. 26' setback is required. A separate conditional use and variance application was filed with the original subdivision application that would allow encroachment of protected wetland for drive to north. The barn on the property was placed in front of the principal structure also requiring a variance review. The drainage comes from both the northeast and northwest into a large wetland and continues draining through a drainageway along the driveway to French Lake Basin wetland. Option A calls for the use of the existing driveway to serve all three. The northern lot meets the back lot requirement but a 30' driveway outlot can only serve 2 lots per code. There is 2.12 acres to the west of the easement maintaining the required continuous 2 acres for the new building envelope. • Option B calls for a 60' wide private road with a cul -de -sac along the eastern border. Major portions will be located within a designated wetland area. Mabusth said that in 1985, the applicants chose to develop a shared access drive and did not attempt to acquire an access off the RLS drive. Rowlette noted that this application is similar to the problem faced with the Cloutier application previously discussed. Rowlette suggested a possible new curb cut off of Fox Street to service new lot. Schroeder said this would require a new curb cut. Schroeder also said that during discussions with the neighbors, the property was always planned to have 3 lots. Nolan asked about upgrading of the existing driveway to a road. Mabusth responded that the setback from a wetland prevented this option. Due to the narrowness of the available land for the driveway, it must remain a driveway but does need upgrading. A loop turnaround was noted to be in lot 2 for emergency vehicles. The Applicant, Bill Smith, would like to keep the driveway, making necessary improvements, and possibly upgrading it with a passing area if necessary. He preferred the aesthetically - pleasing look of the driveway to a cul -de -sac road. Smith said that one possible buyer asked about keeping the barn. Commissioners informed Smith that 3 acres are needed to allow the keeping of one horse. •