11-13-2000 Council Minutes - Laserfiche WebLink

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City Council Meeting November 13, 2000 • 8. #2626 William and Lynn Peterson, 420 Orchard Park Road — Variance and Right -of -Way Vacation — Resolution No. 4562 Weinberger stated that William Peterson was present. The application requested a variance to the 5 acre lot area requirement to permit construction of a new residence on the property. The property is a vacant parcel without direct access to a road. Access to the property would be via a 33 foot platted right -of -way that would be used for driveway access to the property. Applicants also requested vacation of a portion of the platted right -of -way that would not be used for driveway purposes. Weinberger explained that staff recommended approval of the variance to permit the lot to be considered a buildable lot that does not meet the 5 acre minimum lot size for the RR- lA zoning district. The lot would meet the 5 acre minimum, except that the public right -of -way reduces the lot size to 4.34 acres. Recommendation for approval is subject to the following conditions: Applicant shall receive approval from MCWD for the land alteration within a wetland. 2. Final Grading Plan for the driveway shall be approved by the City of Orono. 3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land • alteration and grading on the lots as required by the On -Site Systems Manager. 4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for the private driveway within the public right -of -way and agree that others requesting use of the public land can share a driveway if required. Staff recommended denial of the application for vacation until the property to the north is developed and legal access is secured to all properties. Mr. Peterson stated that lot 7. ,N-hich is adjacent to his lot, would have nowhere to locate a driveway if the public right -of -way is vacated. He has spoken to his neighbor and offered an easement through his property for his neighbor's driveway. His neighbor is not opposed to vacating the roads. He stated that they had held a public hearing and the only person who showed up was his neighbor to the north, who is in favor of vacation. Mayor Jabbour stated that granting his neighbor an easement may not be possible because once a number of lots are served by a common driveway, they are required to be serviced by a cul -de -sac. Kelley stated he was in favor of keeping the City's options open as to future road development in that area. Mr. Peterson asked that condition 4 in the resolution, page 3 of 5, be reworded to read that he agree to share driveway access in the public land, and not the portion of his • driveway on his private property, because he felt the current wording did not differentiate