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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,October 17,2005 <br /> 6:00 o'clock p.m. <br /> (#05-3160 Judson Dayton,Continued) <br /> park and stormwater fees,requiring septic testing, etc. <br /> 2. Does the reduction in area of the large parcel to 21 acres affect how the Planning Commission <br /> would view the prior variance for the horse barn as an oversize accessory structure exceeding the <br /> allowable size limit? <br /> 3. Resolution No. 3072 states that if the property is subdivided at a future date,the barn <br /> caretaker apartment conditional use permit automatically expires and the owner must apply for a <br /> new guesthouse conditional use permit. The Planning Commission should consider whether this <br /> application triggers this condition or whether it was the intent to only require such a conditional <br /> use permit renewal if the property on which the barn sits gets significantly smaller. <br /> 4. What should happen with the structures on the five-acre parcel that are less than 75 feet from the <br /> lake? <br /> It is Staff's opinion that this should be a plat based on a strict interpretation of the zoning and subdivision <br /> codes. If the conclusion is that this must be a plat,then the application should be tabled to allow the <br /> applicant to bring back a preliminary plat drawing. <br /> There were no public comments regarding this application. <br /> Dayton stated they would like to create two lots rather than three and that it is their hope that one person <br /> purchase the larger lot and not subdivide it. Dayton stated he is attempting to carve off five and a half <br /> acres from the parcel to allow him to construct a future house on that lot once the larger parcel is sold. <br /> Winston stated they are asking to go from three lots to two lots rather than asking to create more lots. <br /> Winston stated they are attempting to rectify the small lots and have larger lots to allow the applicant to <br /> stay in the neighborhood in the future once the larger lot is sold. Winston stated the two lots would <br /> remain status quo until the larger parcel is sold. Winston stated the other requirements should be imposed <br /> at the time the larger lot is subdivided. <br /> Winston stated under the statute the City can waive those requirements. Winston indicated they are not <br /> challenging Staff's assertion that the subdivision regulations are applicable,but that this is a case where it <br /> is not necessary to apply those regulations at this time. Winston stated imposition of the other <br /> regulations at the present time would create an unnecessary hardship to the applicant and that failure of <br /> the applicant to do a formal plat does not interfere with the purpose of the subdivision regulations. Under <br /> those circumstances,the platting authority may waive such compliance to the regulations. <br /> Winston agreed that they are requesting a lot line rearrangement but that they are looking for waiver by <br /> the Planning Commission and City Council of the subdivision regulations until such time as the larger lot <br /> is subdivided. <br /> Bremer inquired what statute citation Mr.Winston was referring to. <br /> PAGE 23 <br />