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• MINIMS OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#'n #1911 ERNEST LEMMERMAN - cont. Lindquist opposed making a decision on this request until the code definitions were cleared up. He added that by the current code definition, Parcel A is not a buildable lot and wanted clarification as to whether the visual or code definition was to be applied to this property. He felt this was different than the previous application because this subdivision application has not been approved whereas the Vergeyle lot was already created. Mabusth agreed with Lindquist's opinion and suggested tabling this application until an amendment of the bluff impact zone could be considered or the Planning Commission could deny the current request. Lemmerman expressed his frustration with the money he has spent only to find out now that the lot is unbuildable. Mabusth noted that the lot could be built on at the lower elevations where the original home was located but that is not what the applicant wants. The Council was also unaware of any bluff impacts when they conceptually approved the lot line rearrangement. Rowlette felt if the Planning Commission approved the lot line rearrangement that they in effect approved the lot area variance at the same time and they should not be looking at this request until someone wants to build on the lot. Mayor Callahan stated his understanding was that the lot line rearrangement came to the Council 0 with approval from the Planning Commission. However, staff felt another hearing would be needed because Mr. Lemmerman needed to complete a formal plat rather than a simple metes and bounds subdivision. The Lemmermans had to stop and go through a registration. The applicant did not want to proceed with the area variance when he found out how much money it would cost so proceeded with a lot line rearrangement to get conceptual approval. Schroeder reviewed previous steps in the application. With the topographic maps provided and consideration of the bluff impact zone, this lot would be considered unbuildable without variances for lot area and bluff impact zone. He asked if the Planning Commission used the visual top of bluff and approved the building envelope if they would see an application for actual proposed construction. Mabusth replied that performance standards exist for staff to work with and if the setback is met, only staff would deal with a building application. Schroeder noted for that to happen, the Planning Commission would have to decide to use the visual top of bluff for this application. Schroeder explained the bluff impact zone has been established to protect erosion from bluff areas. Rowlette added that when hardcover and structure are added to a lot, more runoff and water exist and it moves faster. 0 11