09-14-1987 Council Packet - Laserfiche WebLink

Home Browse Search

To: Mayor Grabek Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Assistant Planning & 7oning Administrator Date: September 10, 1987 Subject: #1056 Olai Hanson, 1390 Railroad Avenue - Variance - Resolution List of Exhibits Exhibit A - Planning Commission Minutes, August 17, 1987 Exhibit B - Me:uo and Exhibits of August 12, 1987 Exhibit C - Resolution per Planning Commission Recommendation On 6-8-87, at the request of applicants attorney, Council reconsidered their previous tabling action of this application and, based on the presence of additional information submitted regarding soil problems with the site, referred this item back to Planning Commission. Prior to the Planning Commission review on 8-17-87, applicant and the affected neighbor, Mrs. Golden, agreed upon Zi final lot line location and exchanged deeds for the strips of property in question. Viis resulte in a request, then, for the nearest (Northwest) corner of the proposed garage to be 4.6' from the newly established lot line. The northeast corner would be about 6.4' from the line per the applicants site plan. Please review the staff memo of August 12, 1987, and the Planning Commission minutes of August 17, 1987. Planning ro ssion voted 4-2 to recommend approval of the variance teased on fi ing no significant encroachment on sunlight or open space enjoyed by Mrs. GoldQn. Other findings discussed by the Planning C:ommissicn included the angle of entry into the garage being a hardship if no variance is granted, and the fact that soil correction in the area of the old septic system would be needed if the garage was forced to meet. the 10' setback requirement. The minority Planning Commission opinion was that the variance should not be granted due to the neighbor's continues] opposition to the garage placement. Staff Recommendation In order to approve the variance, Council must determine whether the hardships and findings as presented in the attached .approval resolution are valid as justification for granting the variances. Staff would also note that the exchanue of deeds effectively creates new legal descriptions for Hanson's and Golden's properti.eF:, and such a deed exchange technically requires a metes and hounds subdivision approval by the City. Staff recommends, as noted in condition 3 of the resolution, that the two parties be required to subs"it a forrr:+l maths and bouns:s subdivision application in order to legally establish their agreed -upon lot line. It would seem appropriate to require that this subdivision he completed prior to .i:1stianc_.e of .a permit. for the garage, and technically is necessary for establishment of the agrovd--upon lot line rec3lrdless of whether the variance is granted. ___