10-16-2000 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16,2000 • (#2626 William and Lynne Peterson,Continued) Lindquist stated the Applicant could still do the easement if they so desire,but he would not be in favor of vacating the road at this time. Stoddard stated he concurs with Lindquist's statements. Lindquist moved,Hawn seconded,to recommend approval of Application#2626, William B. and Lynne Peterson,420 Orchard Park Road, granting of a lot width variance subject to the four conditions outlined in the October 11,2000 Planner's Report, and to recommend denial of the request for the vacation of the road. VOTE: Ayes 6,Nays 0. Peterson inquired who would be responsible for maintenance of the road if someone else should use it in the future. Gaffron stated the City would probably leave that up to the Applicant and anyone else using the road to reach an agreement on the maintenance. Gaffron suggested that perhaps the Applicant may wish to discuss this item with the City Attorney. (#12) #2627 WILLMAR L. THORKELSON,440 BIG ISLAND,AFTER-THE-FACT VARIANCE,8:21 p.m.—8:42 p.m. Mr.and Mrs Willmar Thorkelson,Applicants,were present,along with John Waldron, Attorney-at-Law. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting an after-the-fact variance to permit a storage shed to remain on the property which is currently located 23 feet from a platted,dedicated right-of-way where 30 feet is required. The accessory structure was built in 1999,without a building permit. The Applicant was notified by Orono's building official of the violation in April of 1999 and August of 2000. The notification letter explains when a building permit is applied for,a review of the plans is done to check to see if it meets City building and zoning codes. The Applicant had the property surveyed which indicates the shed is located 23 feet from the street right-of-way, and therefore, a building permit has not been issued. Bottenberg indicated the shed is currently utilized for storage of an ATV,yard equipment, gardening tools, supplies and other tools. The shed is used to house equipment for the back property. Bottenberg noted the property consists of two lots that have been legally combined making it large and odd shaped. The platted right-of-way was dedicated to the public use forever on the plat of Morse Island Park in 1887,but is not a developed road or street. The City does not intend for it to become a • PAGE 16