07-16-2001 Planning Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MoDday, May 21.2001 (M0I.2675 DONNA LILE.CONTINUED) Bulicnbcrg staled the lakcshorc lot has been vacant for main \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 diKkage and lake access by the owner. The lot docs not tu\e a principal residence, so such dockage is technically a violation of City Code prohibiting accessory structures w ithout a principal structure. Doltcnberg indicated the lot abuts undeveloped Elmwood Avenue. A City sewer lit) station is blocking the right-of-vsay on the south end. Access to this lot for building purposes would require an casement from an adjacent property owner Tlic 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 Bottenberg stated when the lot anra\\idth variance application was reviewed in 1971, hardship was discussed by the Planning Commission and City Council. A finding for hardship for development of vacant lots would include no adjacent vacant land is available for development. This is not the cose 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 StalT is recommending denial of the variances for lot area and lot width on part one of the application, and is recommending a diKk be permitted without a primary structure by means of a special lot combination agreement. John W aldron. .Attorney-at-Lavs, reviewed Stall's report, noting tliat the paved street ends in the approximate liKation where this property begins, with an existing driveway to the property . The lift station is located very close to the adjoining property owner's neighbor and apparently straddles the two property lines. W'aldron stated in his view the lit) station is really not an issue in detennining access to this lot and vsoulu not 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 unbuildabic or buildable. In I97|. when there was an application made by a previous owner, the lot was then declared unbuildabic anu it was determined the owner did not have to pay the sewer assessment. W’aldron stated this property has been a lot of record since 1933. and was a Tivrrens pn^pcily originally registered in 1933. Waldron indicated the prev ious propeny owner made a similar application to Roesler's application requesting variances to lot area and width, which was denied Waldron stated one of the reasons that application was denied was the fact that there was an adjoining lot which could 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 approved the lot arcalot 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 stated in his view there are really no difTcrences between that application that was approved and tonight's application. Waldron stated Exhibit C is the best record available tliat demonstrates what happened in that application, which notes that the zoning requirements are one acre PAGE II