10-16-2000 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,October 16,2000 • (#11) #2626 WILLIAM B.AND LYNNE M.L. PETERSON,420 ORCHARD PARK ROAD,VARIANCES,8:03 p.m.—8:20 p.m. William and Lynne Peterson,Applicants,were present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are requesting approval of a variance to the five acre lot area requirement to permit construction of a new residence on the property. The property currently is a vacant parcel without direct access to a road. The property is within the RR-1A, One family Rural Residential District and consists of 4.34 acres,which is slightly below the five acre minimum requirement for this district. Weinberger noted the septic design for primary and secondary septic sites have been approved by the City of Orono. Weinberger stated another approval required before a building permit can be issued is to allow land alteration within a wetland,which may require a permit from the MCWD. Weinberger stated the small wetland basin does not appear on the City of Orono's 1974 Wetland inventory. The Applicant is currently working with the MCWD to determine whether a permit is required,with obtainment of the permit being a condition of approval should one be necessary. Weinberger stated the driveway grading plan also needs to be approved prior to the issuance of a building permit. Weinberger noted this lot does not have direct access to a public road and requires a 33 foot dedicated easement for public right-of-way to gain access to the property. The existing grade has a grade approaching 20 percent for a driveway,which will require some regrading and retaining walls in this area to reduce the slope of the driveway to 12 percent. The Applicants are also requesting an area of the public right-of-way to be vacated. The vacation would increase the size of the Applicant's property by over 31,000 square feet creating a lot of five acres. The lots within the plat of Orchard Park average 4.8 acres in size. Secondly,vacation of the right-of-way would eliminate the possibility of a driveway or road being routed around the property. City Staff is recommending that the right-of-way not be vacated until the property to the north develops and access has been secured to the other landlocked properties. Weinberger stated a lot combination has been completed on the lots to the north and surrounding this site,with the total land area of those lots being approximately 23 acres. It is possible,although not likely,that a lot could be split leaving a property north of the subject lot without any access to a right-of-way except the 33 foot dedicated on the plat of Orchard Park. no access to Jacobs Mill Road would be available due to a large wetland located on Lot 6,with the connection to the north not being possible. The Applicant has indicated he would be willing to dedicate an easement in favor of the property to the north creating a shared driveway across the 420 lot for access to Lot 7 as a condition of the right-of-way vacation. City Staff recommends approval of the variance for lot area. The lot does meet the 300' lot width required for the front property line. Staff is recommend approval subject to the following • PAGE 14