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I ,. MINUTES OF THE ORONO CITY COUNCil., MEETING Monday, April 22, 2002 7:00 o'clock p.m. (#02-2740 JEFFRY AND NANCY TWIDWELL, Continued) Mr. Switzer and Mrs . Twidwell, Applicant, had nothing to add to Staffs report. Nygard commented he likes the idea of requiring replacement of the trees . White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4792, a Resolution granting a hardcover variance in the 75-250' zone for the construction of a new residence to replace the existing residence on the property located at 1865 Concordia Street. VOTE: Ayes 4, Nays 0. (#5) #02-2749 THOMAS P. EGAN, 350,360 AND 370 BIG ISLAND -VACATION OF RIGHT- OF-WAY -RESOLUTION NO. 4796 Thomas Egan, Applicant, was present. Weinberger stated the applicants have requested vacation of a portion of a platted right-of-way on the south side of the Island, noting this item was reviewed by the Park Commission at their March 4th meeting . The Park Commission recommended approval of this particular vacation, with the Commission finding that the development of public trails may result in over-use of Big Island, finding that there are very few homes on the island, with the trails possibly causing overuse of Big Island and resulting in security issues. Staff had noted there are limited police and fire services provided to the Island, with no developed roads on the island . Weinberger stated trespassing is a problem on Big Island, which was another reason for the vacation. The Planning Commission at their March 19 th meeting had discussed the possible value of Massasoit Avenue in the future . Weinberger noted the Applicant 's cabin is completely wi thin the right-of-way. Weinberger stated due to the 75 ' lakeshore setback, a number of the cabins would need to be moved out of the right-of-way should they ever be redeveloped . Weinberger stated the City does have a policy that right-of-ways not be vacated if they provide access to the lake , but noted there is no public access to the lake that is being eliminated by this vacation , with all interior access also being maintained. Weinberger noted the vacation also does not affect any public utilities. Nygard inquired whether those lots are legal conforming lots without vacating and whether vacation of the right-of-way would make them conforming. Weinberger stated to his knowledge two of the lots ha ve been granted variances to lot area, with the minimum lot size on Big Island being five acres. Weinberger stated the City in the early 1980s had chosen to make the lots record lots rather than rezoning . Weinberger stated a concern for rezoning this area was due to the possible over-development of Big Island. Gaffron stated this vacation would not significantly change the character of any lot in the area. Gaffron stated Staff did review whether this access would eliminate any lake access , which this vacation does not. PAGE3