Agenda Packet Cc - regular meeting 10/24/1988

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1) it is at least one acre in size, and the average width of the lot is at least 100 feet; and 2) it is either served by public sanitary sewer or meets all the septic system requirements of the City or other governmental. body; and 3) it otherwise meets the requirements of this or other applicable ordinances. Under this Code, the Council, at their option, could have granted a lot area variance for a lot of single separate ownership, but the Code again did not specifically discuss any standards for the separation of commonly owned lots. 22. City policy regarding thF2 separation of unsewered, undeveloped substandard, contiguous lots in common ownership was clearly defined by an action of the City Council in 1981, in which the separation of a developed 1.4 acre lot from the adjacent vacant. 1.7 acre, 120.3 foot wide vacant lot in the LR-lA 2-acre, 200 foot width, unsewered zone was denied. (Application No. 635, Council action to deny on October 26, 1981, based on: a) lack of demonstrated hardship; b) no sanitary sewer a•.,i able; c) insufficient area; d) insufficient width. 23. Th,: 1984 Zoning Code amendments included the addition of Section 10.03, Subdivision 6 (C), which prohibited the "transfer or sale of non -conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement ar: under imp or common ownership" unless specifically approved by the Cit ncil, or unless the iesulting lots satisfy the area and width r rements of the Zoning Code. No performance standards for approva. of such transfers appear in the code. 24. At least 13 Properties or groups cf properties in a situation similar to Ferrells with a -Iigh potential for request of similar variances have been identified within the City of Orono. 25. Since January 1, 1975, when the 2 acre RR-lB zoning district became effective, no permits nave been issued for new residences on commonly owned substandard lots in the RR-lB district. Of 153 new residence permits issued in the RR-1B district from l/l/75 to 5/l/86, 145 permits have been issued for conforming lots, 7 permits have been issued for substandard lots of record in single separate cwnershiT, due to the inability of applicants to combine or acquire additional and to create conforming lots, and 1 permit was issued to damol: and rebuild on a substandard single separate ownership lot where a house was already ixisting. The City of Orono has consistently denie-i permits for suhsta lard lets owned in common with adjacent develop-d lots in the RR-1B district. Pau 7 of 9