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MINUTES OF THE ORONO PLANNING COMMISSION <br /> Monday,May 21,2001 <br /> (#01-2675 DONNA LILE,CONTINUED) <br /> Bottenberg stated the lakeshore lot has been vacant for many years. In 1971 a prior property owner <br /> applied for lot width and lot area variances. The variances were denied by the City Council, and the <br /> lot was considered unbuildable. Since the 1970s,the lot has been used for dockage and lake access by <br /> the owner. The lot does not have a principal residence, so such dockage is technically a violation of <br /> City Code prohibiting accessory structures without a principal structure. <br /> Bottenberg indicated the lot abuts undeveloped Elmwood Avenue. A City sewer lift station is <br /> blocking the right-of-way on the south end. Access to this lot for building purposes would require an <br /> easement from an adjacent property owner. The lot received lateral sewer assessment for 50 feet, but <br /> was not assessed unit charge or sewer plant charge. As a result,the lot was considered to be <br /> unbuildable at the time the sewer was installed. <br /> Bottenberg stated when the lot area/width variance application was reviewed in 1971, hardship was <br /> discussed by the Planning Commission and City Council. A finding for hardship for development of <br /> vacant lots would include no adjacent vacant land is available for development. This is not the case <br /> for this property. In 1971 and today,the lot adjacent to the north was/is vacant and is being used <br /> similarly for lake access by the owners of 1135 North Arm Drive. <br /> City Staff is recommending denial of the variances for lot area and lot width on part one of the <br /> application, and is recommending a dock be permitted without a primary structure by means of a <br /> special lot combination agreement. <br /> John Waldron, Attorney-at-Law,reviewed Staff's report, noting that the paved street ends in the <br /> approximate location where this property begins,with an existing driveway to the property. The lift <br /> station is located very close to the adjoining property owner's neighbor and apparently straddles the <br /> two property lines. Waldron stated in his view the lift station is really not an issue in determining <br /> access to this lot and would not require an easement from the adjoining property owner. <br /> Waldron stated with respect to the prior application in 1971, based upon the records they've reviewed, <br /> at the time the sewer was installed,there was not an issue at that point that the lot was unbuildable or <br /> buildable. In 1971, when there was an application made by a previous owner,the lot was then <br /> declared unbuildable and it was determined the owner did not have to pay the sewer assessment. <br /> Waldron stated this property has been a lot of record since 1933, and was a Torrens property originally <br /> registered in 1933. <br /> Waldron indicated the previous property owner made a similar application to Roesler's application <br /> requesting variances to lot area and width, which was denied. Waldron stated one of the reasons that <br /> application was denied was the fact that there was an adjoining lot which could be combined. The <br /> property owner of the lot immediately to the south then made a similar application to the City. That <br /> lot consists of 50 feet of lakeshore. The City Council at that time approved the lot area/lot width <br /> variances to allow the construction of a residence on that property. <br /> Waldron stated they have been attempting to find differences between that application and this <br /> application. Waldron stated in his view there are really no differences between that application that <br /> was approved and tonight's application. Waldron stated Exhibit C is the best record available that <br /> demonstrates what happened in that application,which notes that the zoning requirements are one acre <br /> PAGE 11 <br />