10-25-2021 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 9 16. LA21-000057/58 – ROBERT ERICKSON, 365 WESTLAKE STREET, GENNESARET PRELIMINARY PLAT – Continued plat (Lot 1, Block 1 Gennesaret) have remained unchanged. Mr. Erickson noted that is the application before the City Council tonight and he asks for their preliminary approval. Johnson asked what Mr. Erickson’s objection is to having a conforming 50-foot cul-de-sac versus a 40- foot? Mr. Erickson replied to obtain a full 50-feet, the center of the cul-de-sac would have to go westward 17 feet; in looking at the contours or looking at the property they would find a substantial hill that the cul-de- sac would be moved into. Mayor Walsh said to move it just 10 feet there is another 4 feet of hill; now instead of a 6-foot wall they must build there is a 10-foot wall. He noted going the other way and taking more of Mr. Erickson’s and someone else’s property – he does not own half of that land so the City Council cannot dictate that. He noted if they got the other part of the property, it is also going uphill so once they take that extra 10 feet down into the cul-de-sac, Mr. Erickson is most likely going to have to regrade his entire yard and his driveway to even meet that slope. He noted they would be creating chaos. Third, a prior Council and Staff did their homework and said they could live with 40 feet, so they built their driveway, sold property, built houses, planted trees. Mayor Walsh reiterated that a prior City Council and Staff did their homework and vetted it. He noted it would be a humongous hill and would be a burden for everyone, the City, and safety. The City Council and Staff discussed options for the cul-de-sac; Edwards noted they would pave the standard 40 feet and get quite close to a conforming cul-de-sac. He noted the standard is driven by State Fire Code. Johnson clarified they could achieve the cul-de-sac but there might not be the full 10-foot easement on the east side. Edwards replied that is correct. City Attorney Mattick noted the City gets more flexibility with the right-of-way but if they do not need it, they do not need it. He assumes there is a 10-foot easement to the east which mirrors the proposal and as a drainage and utility they will not be able to pave that 10 feet. If they can achieve the paving with what has already been given and the City is comfortable with that understanding that to get to the conforming, they may have to cheat a bit to the west. Barnhart clarified if the City Council were to approve as presented, they would approve with no extra easement; then the Applicant would come back with a final plat that would be substantially consistent with what they see here. Mayor Walsh noted they still have to approve the final plat which will be subject to the Watershed and other agencies. Crosby moved, Printup seconded, to approve LA21-000057/5, 365 Westlake Street, Gennesaret Preliminary Plat as presented. VOTE: Ayes 5, Nays 0.