05-24-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 10, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 31 of 34 17. LA21-000025 – ERIC VOGSTROM O/B/O ERIC VOGSTROM, WILLIAM, AND SUSAN DUNKLEY 2709 WALTERS PORT AND 2710 PENCE LANE, SKETCH PLAN REVIEW Barnhart said the applicants wish to remove the conditions on the final plat that prohibit a connection of 2709 Walters Port to Pence Lane. Those conditions were applied as part of a platting process. Staff sees that same process to remove those conditions. It would be a platting process which would include a sketch plan, preliminary, and final plat. Staff can support the removal of these conditions via the formal platting process if Pence Lane is improved to a private road standard which includes 24 foot wide pavement, a 50 foot wide right-of-way, and a terminating cul-de-sac. The proposal shows the terminating cul-de-sac, no improvements are proposed or shown on the existing Pence Lane, and it should be pointed out that the existing segment of Pence Lane right-of-way is only 30 feet so there would be a challenge getting to the 50 feet. The applicant has argued that the road is already a private road and the Council received a number of comments and letters from the attorneys of the applicant and the neighboring properties. Staff maintains any situation that increases the non-conformity should not be approved without adjustments and that is where the cul-de-sac and improvements to Pence Lane come in. Staff is looking for non- binding feedback. Walsh understands that Bill, Sue, and Eric could put the cul-de-sac down farther and have the roads come off there to their house and would not need any approvals to do that. Barnhart noted they would need some approvals because the existing parcel would need some re-platting. Walsh said they would not need the City’s approval to put a cul-de-sac down there generally, they do not need a variance or anything like that. Barnhart said the platting would be an issue and there may be some hardcover issues applied. Part of the reason this plan works is both lots 1 and 2 meet the hardcover and structural limitations for this property. In making lot 2 smaller, he thinks it will bump up against some hardcover issues and perhaps also for lot 1. Walsh said after the Planning Commission, Walsh, Barnhart, and Eric sat at the white board and said if they wanted to make just one road coming down and put the cul-de-sac down there with driveways off it they would not need any approvals. However, that would be very intrusive, it would not look great, and would then present itself as a practical difficulty to say a better solution for everybody from a viewing standpoint would be to put the cul-de-sac up on Pence Lane on the private drive and have two separate ones come off there. Barnhart said there are some advantages to putting it there. He noted there were some concerns from the property owner about the cul-de-sac near their property. He said nobody will necessarily be happy but this does offer some of the solutions Walsh talked about. Walsh asked by doing this, what kind of variances do they really need? Barnhart said by doing this, there is some question about Pence Lane being a private road or driveway. Pending the solution of that, if it is considered a private driveway and they want to approve it to a private road they may be looking at a variance from the Pence Lane width issue. They could argue that is a 17.