06-19-2000 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION JUNE 19, 2000 (#5) ##2594 JAMES R.JOHNSON,2240 FOX STREET—PROPOSED TWO LOT SUBDIVISION,8:50 p.m.—9:04 p.m. James and Helen Johnson,Applicants,were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting preliminary plat approval for a two-lot subdivision of an 8.1 acre site located at 2240 Fox Street. The property is located in the two acre zone and will create one new building site. Bottenberg noted the lot division is a front/back lot split,with the back lot needing to be a minimum of three acres. Access to the back lot will be provided off Fox Street via Outlot A. The driveway to the back lot is proposed to come off the existing driveway used by the house on the front lot. Both lots meet all requirements for subdivision without the need for variances. Bottenberg stated the septic inspector has reviewed the septic sites and has determined both sites meet all City and State standards. The existing septic sites located on Lot 2 are conforming systems and would not be impacted by the subdivision. Bottenberg stated Outlot A would be created as an access outlot for a private driveway to serve Lot 1 and Lot 2. Access outlots are required to be a minimum of 30 feet wide to accommodate drainage, snow removal and screening without encroaching on neighboring properties. Bottenberg indicated Outlot A is 109 feet wide, with no additional screening necessary. Bottenberg noted a flowage and conservation easement was dedicated over the wetlands in this area in 1977. A 50 foot corridor on the west side of the property was purposely not included in the easement at that time to allow for future driveway access to the future back lot. The Building Inspector granted the Applicant a permit in April, 2000,to continue the driveway to the back lot. The City would require approval of a wetland filling variance and the Applicant would be required to obtain approvals from each of the affected agencies with wetland jurisdiction. James and Helen Johnson had no comment. There were no public comments regarding this application. Hawn expressed a concern that the proposed driveway is going through DNR protected wetland, which may be setting a precedent. Hawn noted the City normally does not allow people to fill protected wetland. Smith inquired whether the driveway could be relocated. Johnson indicated the location is based on an easement given in 1977 for the driveway. Hawn inquired whether this was prior to the time the wetlands were protected and when this wetland was designated on the City maps. Gaffron stated the City did an inventory back in 1974 and 1975, with this wetland being included • on the list at that time. Gaffron stated that in 1977, with the lot was split off, the City accepted PAGE 18