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5EP <br />TO: Mayor Butler _ <br />Mark Bernhardson City Administrator <br />Orono Council Members <br />Planning Commission Members <br />FROM: Michael P. Gaffron, Assistant Zoning Administrator <br />DATE: September 4, 1986 <br />SDBJ: #1042 Thomas J. Maxwell, 3685 Watertown Road - <br />Conditional Use Permit - Resolution <br />This item was tabled at your August llth meeting after a 2-2 tie <br />vote on a motion to approve as presented. The memo and exhibits <br />of 8/5/86 are attached for your reference. Also included are the <br />minutes of the August llth meeting. <br />Mr. Maxwell's representative, Mr. Ebert, has noted that the <br />property description goes to the center of Watertown Road and <br />Stubbs Bay Road. Staff calculations of lot areas have <br />consistently excluded the standard right-of-ways, in this case <br />33' from the centerline. Mr. Ebert claims that a referenced <br />court decision allows a city to claim only the "used" portion of <br />a non -platted roadway, and feel: Maxwell should be credited for <br />the 16' of right-of-way Ebert cle.ims is unused by the City road. <br />Coincidentally, by staff :.al,_:ulati.ons this would increase the <br />total area to 10.01 acres. <br />Staff would suggest that the application be tabled pending a <br />legal opinion on Mr. Ebert's claim if lot area becomes a critical <br />issue in Council's decision. <br />Staff would also ask you to perhaps consider an additional <br />alternative: Grant variances to side setback to allow horse barn <br />to be, say, 10' east of the interior lot line, keeping the <br />properties as separate tax parcels, and grant a variance to <br />Maxwell to keep up to six horses in the barn as long as he <br />controls the westerly property, but dropping to 2 horses if the <br />westerly property is sold. <br />A formal resolution will be drafted to correspond with Council's <br />final action on this application. <br />