01-19-2021 Planning Commission Packet

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Orono City Chair Ressler Orono City Planning Commission Members January 19, 2021 Page 6 Additionally, "the Proposed House Pad"on Lot 3 of Tanager Estates is not at least 30'away from the existing Bluff Line shown in the Application. Thus, the Proposed House Pad cannot be used as an anchor point to create an artificial ALS line. Compare the shown Bluff line to the 30'setback in Lot 5 of the Application to the house on Lot 5. Now compare that setback area to the area between the established Bluff Line on Lot 3 of Tanager Estates and the "Proposed House Pad." The Planning Commission can easily confirm that the 30' setback line is violated. Further, the "Proposed House Pad"on Lot 3 of Tanager Estates is clearly shown to be placed on a bluff— as demonstrated by a review of the topographical lines shown in the Application. City Ordinances do not allow building a home on a bluff. The"Proposed House Pad"on Lot 3 is being used to create an artificial ALS line even though the "Proposed House Pad" is located on a bluff and is not at least 30'away from a bluff. Additionally, survey notes show that a Wetland Buffer Monument is just under the south corner of the"Proposed House Pad"so a home cannot be built in this location and an ALS line cannot be arbitrarily set in this location to try to achieve higher density for 1700 Shoreline Drive. The Jacobs Trust and City Staff appear to propose suspending application of the ALS to the Jacobs Trust property to permit the subdivision to get approved, and then re-applying the ALS rules as if the subdivision had always existed. Mr. Barnhart in his Staff recommendation states that: "Once the plat is approved, the ALS for the lake lots will be applied as written in the city code."(Emphasis Ours.) The Staff Recommendation further states "No "artificial" ALS is proposed with this p/at." (See page 3 of the Staff Recommendation.) This is incorrect. An artificial north ALS line has been created without any basis in fact. A north ALS line shown on the proposed subdivision is established by pretending a home currently exists on Lot 3 of Tanager Estates. This artificial line makes it possible for the Jacobs Trust to claim it is in compliance with current ordinances, obtain subdivision approval, and forever alter the ALS lines relied upon by adjoining property owners for decades. No authority has ever been cited for the City's ability to suspend the ALS ordinance to allow an otherwise non-compliant subdivision to get approved. The presumed pad site location should not serve as the location for the ALS line under City Ordinance 234. Under Orono Ordinance No. 234, Third Series, the ALS is defined as a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Under subdivision a. of the Ordinance,"In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the resident building on the immediately adjacent improved lakeshore lot." The City Staff recommendation appears to acknowledge this fact. At page 3 of the Staff Recommendation, the recommendation states "There was some question as to the average lake shore setback for lot 5. Until construction occurs on lot 3 of Tanager Estates, the ALS for lot 5 is the distance from the lake to the principal structure of 1100 Millston." This is "boot strapping." 6 6733724v1