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B. Vaoifion: <br />Exhibit B shows the area of the public right-of-way that is requested to be vacated by the applicant The <br />vacation w ould benefit the applicant in two ways. The vacation would increase the size of the applicant’s <br />property by over 31,000 s.f. creating a lot of 5 acres. The lots within the plat of Orchard Park average 4.8 <br />acres in size. The 33' dedicated for public right-of-way adjacent to each lot is the additional land required <br />for the lots to meet the 5 acre lot requirement. <br />Secondly, vacation of the right-of-way would eliminate the possibility of a driveway or road being routed <br />around the property. Staff has reviewed the vacation request and would recommend the right-of-way not be <br />vacated until the property’ to the north develops and access has been secured to the other land locked <br />properties. <br />Plaa»ln| Commission Recommendation: <br />The Planning Commission recommended approval of the variance to permit the lot to be considered a <br />buildable lot, and recommends denial of the request to v acate the public right-of-way . <br />Staff Recommendation: <br />Suff recommends approval of the application for a variance approving a lot area variance for the property <br />based on the hardship noted above subject to the following condtions: <br />1. Applicant shall receive approval from the MCWD for the land alteration within a wetland. <br />2. Final Grading Plan for the driveway shall be approved by the City of Orono. <br />3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land alteration and grading <br />on the lots as required by the On-Site Systems Manager. <br />4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the private <br />driveway w ithin the public right-of-way and agree that others requesting use of the public land can <br />share a driveway if required. <br />Staff is recommending denial of the .equest for vacation until such time the property to the north develops <br />and legal access would be secured to all properties. <br />COUNCIL ACTION REQUESTED: <br />Motion to adopt the resolution approving a variance to the RR-IA lot area requirements and denying the <br />request to vacate the p- Mic right-of-way.