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MINUTES OF THE <br />ORONO CITY COUNCIL, MEETING <br />Monday, August 10, 2015 <br />7:00 o'clock pm. <br />7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH — <br />PRELIMINARY PLAT (continued) <br />McMillan noted Lot 5 has an existing house and driveway with a functioning septic system that is located <br />partially on Lot 4. McMillan requested the applicant provide a little more background on what will <br />happen with that lot. <br />Bollis stated ultimately that house will disappear and a new home will be built. <br />McMillan asked if the septic will remain. <br />Bollis stated they did not want to have that nonconforming and that they are in discussions with Staff to <br />keep the existing septic for the time being but it would be removed once either Lots 4 or 5 are built on. <br />Gaffron indicated the City is exploring the possibility of a temporary easement that would be <br />extinguished at the point that one of those two lots gets built on or once they are sold. Gaffron stated <br />building on Lot 4 will likely be the key for when the septic system becomes an issue. <br />Cornick asked if there is any time limit for how long the house can stay. <br />Gaffron stated as long as Lot 4 never gets built on, the City does not care as long as there is an easement <br />in place. In a normal situation, the City would expect that those two lots, unless they are combined, <br />would both get built on. The City has done lot line rearrangements in the past to ensure that a septic <br />system that is over the line is within the lot it is serving. Gaffron stated an easement is not the best <br />solution but that jogging the property line for a temporary situation is also not ideal. <br />Cornick asked whether a time limit could be placed on the easement. <br />Gaffron indicated there could be a time limit placed on the easement. Gaffron stated currently the trigger <br />would be the house being constructed on the next lot, which would extinguish the easement. Gaffron <br />stated Simple when there is single ownership but once the ownership changes, there are potential issues. <br />McMillan asked if anyone in the audience would like to comment on this application. <br />Eric Miller, 195 Kintyre Lane, stated they are not opposed to the development but that they bought lots <br />and built homes on what they thought was going to be a short, safe cul-de-sac. Miller stated as parents of <br />young children, they placed a premium on that. Miller indicated the easement that provides access to the <br />private road was never properly recorded and was recorded as an outlot. Miller stated when they <br />purchased and went through the title search process, nothing was ever brought up about this future <br />development. <br />Miller indicated he has had discussions with MacKinnon, Staff, an attorney, and now the City Council to <br />try to understand what their rights are. Miller stated he is not entirely convinced that Mr. MacKinnon has <br />the authority to sign an easement on their behalf after they have purchased their property. Miller <br />indicated there is Chapter 515B of the MN Common Interest Ownership Act and things that go beyond <br />who controls the homeowners association and who controls the outlot which need to be reviewed more <br />thoroughly. <br />Page 17 of 32 <br />