08-19-1991 Planning Packet - Laserfiche WebLink

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r I'v To:Orono Planning Ccrnission John R. Gerhardson, Acting City Administraici From:Michael F. Gaffrcn/ Aspt Flaming & Zoning Adn^iniatrat.oi Date:August 9, 1993 Subject:#1670 James & Penelope Grabek/Ben & Denise Young 3050 Jamestown Road/3105 Sixth Avenue North - Subdivision for Easement Purposes - Public Hearing Zoning District: - RR-IA, Single family rural residential, 2 acre, unsewered Application: ~ Subdivision for creation of easement between property owners to accomodate septic system encroaching across property boundaries. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Staff Letters of April 9 & 19, 1991 Pertinent Code Section Subdivision Code Section 11.03.66 (A)(3) defines a Class I subdivision to include creation of a private easement for any purpose. Discussion The Grabek residence was constructed in 1987-88. The septic system started to experience seepage shortly after the Grabek*s moved in. Subsequent investigations into the reasons for failure eventually lead to reconstruction of that system, including an extension to the north and east. As part of the reconstruction, the uphill toe of the mound was approved at a distance of 4* from the north lot line due to limited site conditions based on the slope orientation and house location. The reconstruction and additions were completed apparently per the plan, and the system was accepted as conforming. More than a year later, when the Young's were having lot lines surveyed in conjunction with replacement of falling septic system, it was found that the fence apparently presumed by all parties during construction as the lot line, was actually 10-12* north of the lot line, left a portion of the uphill dike and toe of Grabek's over the property line. their their line being This mound