03-15-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 II (#6) #2461 CHRIS PIERSON, ON BEHALF OF BRYSONS/JOHNSONS, 650, 660, 670, 680 BID ISLAND, LOT LINE REARRANGEMENT,8:03 p.m. -8:22 p.m.—(continued) Smith commented that the only issue with this application appears to be the cabin. Weinberger remarked that City Staff does have concerns regarding enforcement should the cabin not be removed. Pierson stated the City could require that the cabin be removed, and if not, a court order for its removal could be issued. Lindquist commented a bond could be required at a reasonable cost. It was the consensus of the Planning Commission to allow the cabin to remain for two and a half years. Lindquist moved, McMillan seconded, recommending approval of Application#2461, 650, 660, 670, and 680 Big Island, subject to removal of the cabin located on Lot 5,along with the deck, stairway, steps and shed within the sideyard setback, within the next 30 months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility,well, and drainage easements shortly after approval by the City Council of the lot line rearrangement,with the appropriate drainage and utility easements being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the understanding that the cabin located on Lot 5 will not be used during the next 30 months. VOTE: Ayes 5, Nays 0. • Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND -VARIANCE, 8:25 p.m. -8:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a lot area variance to create a buildable lot on Big Island. The existing lot is 4.3 acres where 5 acres is the minimum lot size for building. Weinberger stated access to the lot is an issue, noting that there are a number of platted right-of-ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic lot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buildable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. • Page 9