05-15-1995 Planning Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#1 - #>2020 James Bruce - Continued) Nolan asked if any covenants will be put in place Nolan's concern was with a future owner clear cutting the property to obtain lake views. The applicant noted that the open space around the proposed house will be more to the east than west and with primary views to the south Bruce is willing to file a covertant to place tree removal restrictions west of the house, between Oxford Road and the house, and within the area to the north Mabusth commented on the cul-de-sac issue Bruce had wanted to keep the cul-de-sac due to landscaping features but Staff advised of potential problems. The cul-de-sac, in its present location, will nevo' serve as a turnaround area The sewer line that will run through that area, and the approximate 50'diameter paved cul-de-sac is inadequate to serve as a turnaround The applicant said he could understand the City's view on this but would like to try to save the mature tree in the area. The Planning Commission agreed that the surface of the drive could remain until building was completed on lot 3. During the public comments. Sue Nelson, who owns the property to the north of proposed lot 2, commented that her swimming pool is located only 30-40' from the shared lot tine. The Nelson home is farther away. The closeness of the pool to the proposed building site could become a nuisance according to Nelson. She said she would prefer the open area to the south used for residential development and limit tree removal along the north. Peterson commented that the setbacks are being met Nelson responded that Oxford Road is a private street, and the covenants state that property cannot be subdivided without the owner receiving approval of property owners to allow an amendment of the covenants Mabusth confirmed that the City docs not enforce private covenants. The applicant should be advised to commence the process of amending the covenants. Staff cannot schedule the subdivision and vacation applications before the Commission until this is finalized. Don George of 495 Oxford Road, lives across the street from the proposed development. George reported being aware of the covenants and is concerned with the new development Peterson asked Bruce how he was not aware of the covenants. Bruce said he was notified this past week afier an attorney's title opinion was completed. The seller had not informed Bruce of the covenant.