11-03-1980 Planning Packet - Laserfiche WebLink

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Members of the Orono Plan ning Commission -2-October 23, 1980 Mr. Johnston lived in the "exception” property and desired to subdivide his property and build a new residence on what is now the small lot. He presented a simple three lot sxibdivision to the City which needed no variances. However, the City was con cerned that the property to the West tthe Hendel property) could not be safely served by the Hendel's 16 foot easement which ran across the Johnston's property if the Hendel property was de veloped (and there was a developer negotiating for its purchase). The City required that Mr. Johnston plat a fifty foot outlot which was to be used for street purposes for the Hendel property. At the same time the City required that the West line of the "exception" property be moved West to allow for an alternate drainfield for the "exception" property. The combination of two require ments reduced Mr. Johnston's building site to 1.5 acres. Mike Gaffron of the City proposed that the new West line of the "exception property be angled so that Mr. Johnston's lot would be 1.75 acres, but the City advised Mr. Johnston that it preferred the straight line boundary rather than the additional area. In order to start construction in the fall of 1979, Mr. Johnston uetermined to plat a two lot subdivison consisting of the "exception" property with the new West boundary and the balance of property in excess of seven acres. However, the City was aware that when a replat was done due to the development of the Hendel property, Mr. Johnston's new building lot would be cut on the North by the new street and that it would be less than two acres in area. The City Council gave preliminary approval to Mr. Johnston's plat of French Lake (Plan 4) on September 25, 1979, Including issuance of a building permit without final approval. The City Council minutes are three pages in length and the minutes make clear that the City Council knew and accepted the fact that they were approving a lot which would ultimately be less than two acres in size. The minutes also show that the City Council con templated a future sxibdivision of Mr. Johnston's property (Plan 3) which is the exact plan Mr. Johnston has presented. The Council minutes and Plans 3 and 4 are attached to this memorandum. You will note that Plan 4 shows a ~ontemplated 25 to 30 feet of ad ditional land being acquired by the small lot. The 25 to 30 feet figure was used, not to increase the size of the lot which it does, but to make the lot 200 feet wide at the building site which is another Orono platting requirement. Although it does not appear in any minutes, the City of Orono ultimately took the position with Mr. Johnston that it would not issue a building permit for his new home unless he acquired the 25 to 30 feet additional land from Mrs. Hendel to give him a building site width of 200 feet. I