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ORONO PLANNING COMMISSION MINUTES FOR MARCH 15, 1999 (#2461 Chris Pierson, continued) years. Lindquist moved, McMillan seconded, recommending approval of Application #2461, ·· 650, 660, 670, and 680 Big Island, subject to removal of the cabin located on Lot 5, along with the deck, stairway, steps arid shed within the sideyard setback; within the next 30 · months, filing of the subdivision be completed shortly after approval by the City Council; further subject to vacation of the utility, well, and drainage easements shortly after approval by the City Council of the lot line rearrangement, with the appropriate drainage and utility easements being granted to the City as requested by City Staff, and a title opinion will be completed and a copy provided to the City prior to filing of the subdivision. This approval is also based on the understanding that the cabin located on Lot 5 will not be used during the next 30 months. VOTE: Ayes 5, Nays 0. Schroeder requested that the Applicants draft the appropriate agreements subject to review and approval by the City Attorney. (#7) #2462 DAVID LOVELACE, HAVING AN INTEREST IN 220 BIG ISLAND -VARIANCE, 8:25 p.m. -8:37 p.m. David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting a lot area variance to create a buildable lot on • Big Island. The existing lot is 4.3 acres where 5 acres is the minimum lot size for building. . . . . . Weinberger stated access to the lot is an issue, rioting that there are a number of platted right-of- ways within Big Island, which would allow access to the lot. In 1983, most lots on Big Island were granted automatic lot area variances when the island was rezoned to RS. The previous property owner never filed their application to have their automatic lot area variance granted, making it a record lot, and the time period has expired for a free automatic variance. Staff recommends approval of the variance to permit 220 Big Island to be a buildable lot, and to waive the one year expiration for the variance. Weinberger stated the main issue is access to the lot for docking rights. It should be noted that City Code requires that docks on Big Island are for the use of the owners and their guests and not to be loaned or rented for money. If the Applicant requested dock space, a permit would need to be issued by the City Council. City Staff is also requesting that an existing cabin, which is currently in ruins, be removed prior to construction prior to any building permit being issued. · Lovelace· stated an agreement exists where restricts construction on the north area of the property, noting he is willing to remove the old cabin that currently exists on the parcel. Weinberger remarked that an easement granted by the previous property owner as a conservation area to the north to avoid any new structure being constructed in that area, and the Applicant has agreed to file a copy of the easement with the City and have it placed it ori the title. Lovelace indicated at this time he does not have an intention to store boats on Big Island, but would like to have a permit issued to have a dock on the property. Page9 I I