09-16-1991 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING — SEPTEMBER 16, 1991 ZONING FILE #1685 — CONT. It was moved by Schroeder, seconded by Moos, to recommend • approval of application #1685, Edward F. Baker, for property located at 3059 Farview Lane, for hardcover and setback variances to reconstruct deck area and stairway. Ayes 5, nays 0. ( #13) #1686 JOHN BURGER 3750 BAYSIDE ROAD SKETCH PLAN REVIEW John Burger and Dan Johnson of Burnett Realty were present for this application. Mabusth explained that Mr. Burger proposes a three lot subdivision. Lots A and B are within the LR -1A, 2 acre zoning district and Lots C plus C1 are within the RR -1A, 5 acre zoning district. Lot C is located on the north side of the Luce Line. Lot C1 is proposed as the building site, using Lot C for credit to meet the 5 acre requirement. Lot C1 is 2 acres +, which meets the 2 acre contiguous standard for rural lots. Mr. Burger would execute a special lot combination to combine both lots. Lot C on the north side would never be built upon. Within the last several years, Mr. Burger has tried to gain access to his northern lot, but to no avail. Lot C1 will need a width variance as the lot only measures 210'. She went on to explain that the subdivision as proposed is presented as if it were a sewered property. Mr. Burger is seeking credit of the wetland area. She asked the Commission if they would consider the subdivision based on density credits for • a sewered property, and condition the preliminary subdivision approval subject to availability of sewer in the future. She noted that this property has always been included in the proposed sewered district. Rowlette asked if this property is included in the moratorium. Mabusth agreed that the southern portion of the property is included within the moratorium. She noted that Mr. Burger has just received consent of an owner within Bayside Landing to sell an access easement to his proposed Lot C1 & C. Up until now, he has not been able to obtain any type of access easement. Cohen felt that the southern portion should be put on hold until sewer is approved for the area, but had no problem with the northern lots. Johnson noted that the moratorium restricts doing anything at this point. Mabusth explained that people can apply for a variance to the moratorium if they can prove that the subdivision will not be impacted by the shoreland regulations proposed, and at this Aft areas. we would be dealing with the property located in the rural areas. 17