05-21-1990 Planning Packet - Laserfiche WebLink

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Zoning File #1527 May 17, 1990 Page 2 of 3 Review of Application - As applicant's addendum notes, Mr. & Mrs. Stubbs have owned Lots 9 and 10, Auditors Subdivision #229 for over 20 years and applied for a lot area variance to allow the property to be offered for public sale. With this lot area variance application, there is no definite house plan to review. Applicant has submitted a tentative site plan with septic design information. Gaffron has worked with the on-site evaluator, Mr. Schirmers, and both confirm there is adequate emd suitable area for a standard trench system within the higher elevations of the western portions of the property. Note that the house location meets the required 50' street setback, and 26' setback from the designated wetland below the 932* elevation (setbacks based on land acquisitions). There are 2 drainageways that intersect the property from the north side of Fox Street. The most eastern culvert drains to the wetlands. The most western culvert intersects the building envelope. It would be staff's recommendation to allow alterations that would define the drainageway at a deeper depth. Upon inspection after 3 or 4 rainy days, the drainageway appears to fan out within the building envelope. The drainageway must be maintained but it should be redefined to allow proper use of the dry bulldable lands. Staff would recommend that upon development of this site for residential use, the future land owner provide land alteration plans to alter drainageway so as not to impact the limited area of the lower dry bulldable portion of property. Such alterations must be revised by the City Engineer with the building permit application. Area of this drainageway should be defined at a minimum of 15'; 7 1/2' from the center of the drainageway. As noted above in the factual findings, there is an unclaimed/unknown corridor of land to the west and north of Lots 9 and 10, Auditors Subdivision #229. Both affected property owners, Dave Peterson to the immediate west (refer to Exhibit H), and the City of Orono have no interest in the land corridor and would make no claim to it. Mr. Stubbs was advised to proceed with a torrens action to lay legal claim to the 1/3 acre of dry bulldable land. Options of Action Available - A) OR Denial. If denied, please refer to the necessary flndi.ngs in the variance section of the zoning code; Approval. To approve the lot area variance of Lyndon S. Bill Stubbs requiring approval of a 23,522 s.f. or .53 acre variance based on one or more of the findings noted below: