03/15/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#13. #04-2996 BOB CARLSON,JYLAND HOMES, 1070 W. FERNDALE ROAD, STREET VACATION-Continued) Ferndale Road. The parcels have never been legally combined; legal combination should become a requirement of this vacation and the related variance request, application#04-2995. Gaffron noted that Zoning Code Section 78-9 governs the vacation of streets, alleys, and public grounds. He indicated in past vacation requests, the City has determined that vacation may be appropriate when: 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. He indicated it is staffs opinion that these three conditions are applicable to the segment of right- of-way proposed for vacation. The only City utilities in place within this right-of-way are a gravity sewer line and manhole that only serves the applicant's property. Because the City may need to maintain this line and manhole in the future, an easement for utility purposes only should be granted over the roadway being vacated. Other utilities potentially using the right-of-way likely use it only to serve the applicant's property. The gas, electric, telephone and cable T.V. utilities have been notified of this vacation request; no response has been received as of this writing, however, similar easements will be required if needed by the utility companies. Staff wants to hear from the utility companies before taking this request to city council. No properties will have their legal access affected by the vacation of this right-of-way. The portion of right-of-way to be vacated does not provide access to the lake, nor to any other properties. It serves no apparent public purpose. The vacation will result in the entire segment of right-of-way reverting to the ownership of the applicant. A condition of approval will be that the vacated right-of-way be legally combined with the other three tax parcels to create a single tax parcel for use as a building site. A neighbor to the east has written a letter that appears to support the granting of the vacation request. There were no other public comments. Gaffron indicated that staff recommend approval of the vacation of the portion of right-of-way as requested by the applicant, subject to: 1. General utility easements to be granted if any of the utility companies confirm the need for easements. Page 39 of 48