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.... <br />ORONO PLANNING COMMISSION <br />MINUTES FOR APRIL 17, 2000 <br />(#2513 Connie Piepho, Continued) <br />Stoddard moved, Nygard seconded, to recommend approval of Application #2513, <br />Connie Piepho, 540 North Arm Drive, to permit construction of an inground swimming pool <br />within the average lakeshore setback, and to grant a variance to the septic code and permit <br />a drainfield site to be located less than 75' from the neighbor's well, subject to the <br />neighbors' approval in writing prior to work being commenced on this project. <br />VOTE: Ayes 5, Nays 0. <br />(#3) #2549 DAVID LOVELACE, 220 BIG ISLAND -REQUEST FOR DOCK ACCESS , 7 :00 p.m. - <br />7:37 p.m. <br />David Lovelace, Applicant, was present. <br />Gaffron stated this item appeared before the Planning Commission on November 15, 1999, where <br />it w as tabled to allow the Big Island property owners time to rev iew th e options and hopefully reach <br />a neighborhood consensus of a dock location, with this issue being resolved by mid April. Gaffron <br />stated City Staff has not been informed of any consensus from the neighborhood , with the City <br />being obligated at this time to resolve this issue for the Applicant. <br />Gaffron stated the plat of Moorse Island Park, which is the eastern half of the island , created a <br />nu mber of lakeshore lots, a number of inland lots , an interior right-of-way system with a number of <br />2 ieys, roads and public areas extend i ng from it to the lakeshore . All of these right-of-ways were <br />n nated and dedicated to the public use forever on the original 1887 plat . Gaffron stated it is his <br />: pinion the only reason the rights-of-way were platted this way was to provide for access to and <br />fro m the lake . These platted corridors exist today as undeveloped walking trails , which on occasion <br />have been used for vehicular access . Gaffron noted some of these pathways are outside the <br />dedicated right-of-ways , with the majority of the right-of-way boundaries not being visibly marked . <br />However, utilities are generally located within the right-of-ways on Big Island. <br />Gaffron stated Orono's zoning code recognizes the sp\;lcial access needs for Big Island inland lots <br />and established regulations for where and how the island right-of-ways may be used . These <br />re g ulations apply only to the RS District and not to the mainland . Lakeshore property owners with <br />inaccessible shorelines may also need lake access . Inland lot owners need a place to land a boat <br />in the summer. It is not unreasonable to provide a location where inland lot owners can dock a boat <br />for extended periods while they are on the Island . However, owners of lots abutting the lakeshore <br />should not be burdened with providing this access to the inland owners , while at the same time <br />inland lot owners should not have the ability to hinder the public's use of the right-of-ways or access <br />points . <br />Gaffron stated City Staff has reviewed each and every one of the access points found on Big Island. <br />Tonight's application deals with providing access to Parcel 2 . Gaffron noted only two of the nine <br />access points are suited for vehicular access . w ith Access Point C being 90' wide and Access <br />Point H being 16' wide . Gaffron stated due to topography issues , the other access points are <br />unsuitable for vehicular access. Access Points A and B are located on the north end and are fairly <br />remote from most of the properties it could serv e. <br />Gaffron stated Access Point C is wide enough to accommodate a small number of conforming <br />setback seasonal docks for inland owners while not blocking vehicular access . This right-of-way <br />is the widest and historically the most used vehicular access for the Island and has an informally <br />established dirt road leading to the interior r ight-of-ways . Gaffron stated the City's surveyors have <br />finished their review of Big Island this afternoon and have determined that the undeveloped roadway <br />Page 5