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ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990 <br />ZONING FILE #1573-KELLY/MASSEY CONTINUED <br />Ms. Kelly added, "This year the residents were able to put <br />their docks in, last year we could not." <br />Bellows suggested that something be filed in the chain of <br />title stating that it may not be possible to attain the proper <br />variances to utilize the riparian rights of Lot 2. She said, <br />"There has been an increase in the number of applicants that <br />purchased property in Orono, not realizing the limitations. If <br />someone purchases Lot 2 as a riparian lot, they will feel they <br />have the right to do whatever is necessary to access the lake. <br />Can the Planning Commission recommend to Council, should they <br />approve this subdivision, that they incorporate such a notice in <br />a resolution?" <br />Mabusth advised that such <br />appropriate. <br />recommendation would be <br />Ms. Kelly asked whether such a notice would affect her <br />property and her ability to put in her dock. <br />Bellows replied, "This would only apply to Lot 2 and would <br />not limit your use of your property. The notice does not mean <br />that a variance could not be granted, it is merely a warning that <br />a variance is required." <br />Mabusth notad that Lot 3 v;ill have to meet the new setbacks <br />from the newly defined lot line when installing a dock next year. <br />It was observed that the current dock on the Hoffman property <br />appear close to the new lot line. <br />Johnson asked, "Staff is recommending that the lot line be <br />rearranged to provide adequate dry, contiguous land?" <br />Mabusth replied, "That is correct. It does not matter where <br />the lot lines are adjusted as long as the 100' width is <br />maintained at the rear of the front yard setback line and the 75* <br />setback line for all lots." <br />Tnere were no comments from the public regarding this <br />application and the Public Hearing was closed. <br />It was moved by Johnson, seconded by Moos, to recommend <br />approval of application #1573, for a preliminary subdivision, in <br />accordance with staff recommendations 1 to 5, and that a notice <br />to future owners of Lot 2 is included in the resolution regarding <br />the need for a variance for any structure that would be used to <br />access the dock. Mr. Smith asked whether the Planning Commission <br />accepted the applicant’s proposal for lot width. Johnson said, <br />"My motion accepts the lot configuration as presented." Mabusth <br />stated that condition #3 would be excluded. Johnson amended his <br />motion to include staff recommendations 1, 2, 4, and 5. Moos <br />- 2 - <br />«' <br />♦