10-20-1997 Planning Commission Minutes

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0 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 ( #6 - #2283 Gary and Bonnie Birnbaum - Continued) Birnbaum said the connection of the lots was not a consideration at the time of the original variance application so would not be relevant to whether the lot was buildable. He indicated there is .52 acres at this time. The difference from the eroded portion of property is only 1 /100th of an acre that is no longer included in the calculations, from .39 acres to .38 acres. McMillan questioned whether the elapsed variance would set some type of precedence. Birnbaum again noted no changes have occurred. He said he would like to build a smaller home on the property. Bressler said a hardcover variance would be required depending on the size of the driveway. Mrs. Birnbaum noted that the access road is adjacent to the lot. Birnbaum said he intended to either sell all of the property or sell separately and keep one separate lot. Commission questioned the ability to approve a variance for a lot without any plans. Van Zomeren said it was to restore a prior variance. McMillan noted if the property is sold in the future, the new owner would have to make application and go through the same process. Commission discussed the ability to renew the variance without plans and whether it could be denied when the lot has been deemed buildable in the past and assessed for sewer. The Birnbaum's said they had been unaware of the need to renew the variance each year. Lindquist said the intent of the application if for the City to deem the lot as buildable. Lindquist moved, Smith seconded, to approve Application #2283 noting a buildable lot exists. It was noted that no other variances would be granted in the future other than lot area and lot width. Schroeder informed the applicants that it would be in the best interest of the City for the lots to be combined. Vote: Ayes 5, Nays 1, Berg. 21