12-08-2003 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 10. #03 -2961 Nina Wildman, 745 Spring Hill Road — Preliminary Subdivision— • Continued 75' of Lydiard Lake. The applicant proposed a looped driveway to access the three lots, instead of a full cul -de -sac. The roadway system also serves the Hawn property to the north, the Winston old farmhouse and their newer home, the Wildman's current home, and the fifth and potential sixth homes proposed as part of the subdivision. The private road is currently 12 -14' wide. Code requires a road serving more than 3 residences should be 20' wide minimum. Staff spoke to the Fire Marshall. The drive from the road to the new Wildman home would be about a half mile. There is concern that fire vehicles would not be able to reach the proposed homes in case of a fire. Staff was concerned about the Wildman's ability to upgrade the road because it involves easements over other people's property, and because the character of the neighborhood is such that the applicant and the neighbors do not wish to expand the road. The first segment of access is on a cartway that was created in 1882. The second portion is on a 20' wide easement over the Winston property. There is a questionable area where it may encroach over the Hawn property. The cartway is 33' wide, but is a privately maintained cartway, so the applicant could not expand it without permission of the neighbors' to the north. Staff had a letter from the neighbors stating they are not interested in expanding the road at any point in the future. • The Planning Commission concluded that if the applicant was willing and able to place restrictive covenants on the property that would prohibit further subdivision of the property for the next 30 years, they would be OK with not requiring a road upgrade or corridor expansion. Gaffron stated that the applicant discussed the potential purchase of one of the new lots with the Winstons, and it was not clear if any of the parties were comfortable with the 30 -year covenant. The Planning Commission avoided making future subdivision approvals conditioned upon road expansion. The Planning Commission suggested the Parks Commission review the application for park dedication needs. The property is located directly north of the Wood -Rill scientific and natural area. There is no specific need for trails at this time. There is a second dock on the property on Lydiard Lake that has been used by some of the neighbors. Planning Commission felt the dock use should be allowed to continue as is. White asked about the variance issue with the lot access. Gaffron stated that the existing driveway includes a small portion within 75' of the lake, and the applicant would need a variance to extend the driveway to the nevi- lots. It would be necessary to place the drive 10