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� � . , . , • • �..,: �� r � � � : ,;�,:� Clt� o� ORONO • � �� ,�. 1�'� � �� RESOLUTION OF THE CITY COUNCIL � � z � '� �.�'`;�:�' N O. 2 2 3 5 �;.� ,. • - • •' ��::�. 4. The Orono Planning Commission reviewed this application on , June 15, 1987, and recommended approval by a vote of 5-1 to grant the variance to Section 10.55 Subdivision 8 and grant the Conditional Use Permit per Section 10.55 Subdivision 10 for construction of a private driveway less than 26 feet from the edge of a designated wetland, finding that the wetland boundary as defined by the Designated Wetland Overlay Map is incorrect, and the wetland boundary should appropriately be redefined to conform to the assumed elevation 40 foot contour line as shown on applicants topographical survey, and conditioned on no fill or excavation to take place within that newly defined boundary; and the Planning Commission failed to conclusively reach a recommendation regarding the variances to Section 10.27 Subdivision 5, 10.03 Subdivision 6(A), 10.03 Subdivision 9(D) and 10.20 Subdivision 3(M) , with a motion for recommendation of approval receiving a 3-3 vote. 5. The property in question is a Lot of Record existing as a • separate tax parcel as of January 1, 1975. The City Council finds that the property in question was in common ownership with an adjacent property which contained approximately 4.3 dry buildable acres as of January 1, 1975. The total defined lot area of the commonly owned parcels is approximately 7.8 acres. In order to approve the property in question as a buildable site requires not only a lot area variance but also a variance to Section 10.03 Subdivision 6(A). � 6. The property in question and the adjacent parcel which were in common ownership as of 1-1-75 were zoned R-1C, Single Family Residential, 1 acre minimum lot size prior to 1-1-75, and were rezoned to RR-lA Single Family Rural Residential, 5 acre minimum � lot size as of 1-1-75 and are zoned RR-lA currently. Prior to 1- 1-75, the two properties could have each been considered as legal building sites, and in fact could potentially have been subdivided . into as many as 7 total lots. From 1-1-75 on, the property in question has been considered by code as a substandard common ownership lot not to be normally considered for building site purposes. 7. The City of Orono Comprehensive Management Plan, Part II Chapter 4, page 4-28, the rural residential section of the Land Use Plan, states that for the area zoned 1 dwelling per 5 acres, "the citizens in this area have a traditional desire for more intensive rural and quasi-agricultural activities which require • and support the larger minimum lot density. Thus, historic land use and not environmental concerns have determined this land use classification". The Rural Land Use Plan also states generally that rural densities greater than 1 dwelling per 2 acres will not be allowed due to the potential ly adverse environmental impact and Page 2 of 6