03-13-2006 Council Minutes - Laserfiche WebLink

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I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 13, 2006 " 7:00 o'clock p.m. (5. #05 -3161 LOREN FRITZ, 3845 NORTH SHORE DRIVE 11635 SHAD YWOODROAD, Continued) Andrews indicated Staff was proposing a larger setback than what was required by code but that they really do not have a problem with a 30400t setback but that they would rather not put an additional encumbrance on the property. Gaffron stated the rationale for the 30 -foot setback is that there is an intersection of two county roads by this lot and that the lot is highly visible from North Shore Drive and Shadywood. Gaffron indicated there also has not been a final decision on the location of a trail in this area. Andrews stated he understands the rationale but feels that 20 feet is reasonable. Gaffron stated they would like to obtain an easement for the trail in the event it is located on that side of the street. Andrews stated as it relates to the sewer and water fees, in their opinion the fees should be assessed on 1.95 acres rather than the total 3.85. Andrews stated it his understanding they are being brought into a Class H development and questioned whether the fees could be reduced. Andrews stated they started with three legal lots of record and that it is a matter of creating two new lots. Andrews indicated the fees would have a bigger impact on a small development like this and requested the fees be based on the 1.9 acres. Murphy indicated that really is not a negotiable item. Gaffron stated the ordinance says the entire subdivision is charged the water connection fee based on the total acreage of the development. Andrews stated they want to construct this development without the need for a variance and that they were looking for some clarification on the fees. Gaffron stated the water connection charges of $2520 per lot would be paid at the time of the issuance of a building permit. Gaffron stated the City used to collect park fees at the time the lot was developed and that usually the City collects fees upfront. Andrews stated in this particular case the applicant has lived there almost 40 years and that they have purchased the lot to the rear to preserve the trees. Andrews stated the Fritzes are not developers and that the upfront fees would have a significant impact. Murphy stated he has known Mr. Fritz for 25 years and that he would recommend the fees be paid at the time the building permit is issued. Andrews noted the Fritzes do plan to continue to reside on the property. Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5434, a Resolution Approving the Preliminary Plat for Property Located at 3805 and 3845 North Shore Drive and 1635 - Shadywood Road, with the water connection fees being paid at the time of the issuance of the building permit and a 20 foot setback. VOTE: Ayes 4, Nays 0. PAGE 20 of 27 • is C: