06-18-2001 Planning Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PlJlNNINC COMMISSION Moaday, May 21,2001 («0|-2675 UONNA IJLE, CONTINUED) Bottcnbcrg stated the lakesliore lot has been vacant for many >ears. In 1971 a prior property owner applied for lot width and lot area variances. The variances were denied by the City Council, and the lot was considered unbuildabic. Since the 1970s. the lot has been used for dockage and lake access by the owner. The lot docs not have a principal residence, so such dockage is technically a v iobtion of City Code prohibiting accessory sinicturcs without a principal structure. Bottcnbcrg indicated the lot abuts undeveloped kimwood Avenue. A City sewer liB station is blocking the right-of-way on the south end. Access to this lot for building purposes would require an easement from an adjacent property owner. The lot received lateral sewer assessment for 50 feel, but was not assessed unit charge or sewer plant charge As a result, the lot was considered to be unbuildabic at the time the sewer was installed. Bottcnbcrg stated when the lot areaWidth variance application was rev iewed in 1971. hardship was discussed by the Planning Commission and City Council. A finding for hardship for development o*" vacant lots would include no adjacent vacant land is available for development. Tltis is not the case for this property. In 1971 and today, the lot adjacent to the north was'is vacant and is being used similarly for lake access by the owners of 1135 North Arm Drive. City Staff is recommending denial of the variances for lot area and lot width on pan one of the application, and is recommending a dock be permitted without a primary structure by means of a special lot combination agreement. John Waldron. Attorney-at-Law. reviewed Stafl's report, noting that the paved street ends in the nppro.ximate location where this property begins, with an c.xisting driveway to the property . Tlie lift station is located very close to the adjoining property owner’s neighbor and apparently straddles the two property lines. Waldron stated in his view the lift station is really not an issue in determining access to this lot and would nut require an easement from the adjoining property owner. Waldron stated with respect to the prior application in 1971. based upon the records they’ve reviewed, at the time the sewer was installed, there was not an issue at that point that the lot was unbuildable or buildabic. In 1971. when there was an application made by a previous owner, the lot was then declared unbuildable and it was determined the owner did not have to pay the sewer assessment. Waldron stated this property has been a lot of record since 1933. and was a Torrens property originally registered in 1933 Waldron indicated the prev ious property owner made a similar application to Roesler’s application requesting variances to lot area and width, which was denied. Waldron stater*, one of the reasons that application was denied was the fact that there was an adjoining lot which ,ould be combined. The property owner of the lot immediately to the south then made a similar application to the City. That lot consists of 50 feet of lakeshore. The City Council at that time approv ed the lot area, lot w idth variances to allow the construction of a residence on that property. Waldron stated they have been attempting to find differences between that application and this application. Waldron staled in his view there are really no differences between that application that was approved and tonight’s application. Waldron stated Exhibit C is the best record av ailable that demonstrates what happened in that application, which notes tliat the zoning requirements are one acre PAGE It