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MINUTES OF THE <br />ORONO CITY COUNCIL <br />Monday, May 24, 2010 <br />7:00 o'clock p.m. <br />(13. REVIEWPRELIMINARYDAKOTA TRAIL PARKING OPTIONS, Continued) <br />The City Council took no formal action on this item. <br />4. #10 -3458 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH — <br />PRELIMINARY PLAT — RESOLUTION NO. 5935 <br />Judson Dayton, Applicant; Dave Gronberg, Surveyor; John Adams, Coldwell Banker; and John Winston, <br />Attorney -at -Law, were present. <br />Curtis stated this application contemplates preliminary plat approval to rearrange the properties from the <br />current 3 -lots into a new 3 -lot configuration. No additional buildings sites will be created. The applicant <br />has reconfigured the plan slightly and is now proposing the following: <br />1. Lot 1 is proposed to contain 4.57 acres total; 4.4 acres dry, buildable. - <br />2. Lot 2 is proposed to contain 14.58 acres total; 12.76 acres dry, buildable. <br />3. Lot 3 is proposed to contain 5.56 acres total; 5.35 acres dry, buildable. <br />4. Two outlots are proposed for access to Old Crystal Bay Road South. <br />Lots 1 and 3 are proposed as back lots and meet 150 percent of the necessary zoning district requirements <br />as is the back lot standard. The applicant is not requesting a staff waiver of the average Lakeshore setback <br />requirement at this time but they will be back before the Planning Commission in June asking for a <br />variance to the average lakeshore setback. <br />The City Council should discuss the Conservation Master Plan. The applicant feels a Conservation <br />Master Plan for the entire property is unnecessary at this time. Staff did meet with the applicant's <br />representatives this afternoon. Staff would suggest that a reasonable compromise be that the <br />Conservation Master Plan be conducted for Lot 1 and Lot 3 and that they conduct the study on Lot 2 at <br />some point in the future should it become necessary. <br />The Planning Commission in April recommended approval of this application on a 5 -0 vote. <br />Staff recommends approval of the preliminary plat per the resolution attached to the staff memo. <br />Winston stated they are requesting approval of a three -lot subdivision rather than the previously approved <br />four lot subdivision. Prior to the Planning Commission meeting, they were not aware of the need to get <br />consent from adjoining property owners on this project, which can be problematic since it gives the <br />adjoining property owners veto power over their project. They have discussed that issue with staff and <br />whether that can be handled differently. They are planning to submit a variance application before the <br />Planning Commission next month. Many of the issues for discussion with that application have already <br />been discussed by the Planning Commission. <br />n <br />Winston stated another issue they have is with the environmental design plan requirements. Mr. Dayton <br />believes in the ordinance and has been a good steward of the land in the past. The property is a beautiful <br />piece of property and what is visible from the street is not proposed to be changed at all. Lot 2 will not be <br />touched at all. Winston indicated they have spoken with Staff to see whether the conservation design <br />requirements can be relaxed somewhat given the limited number of lots that are being proposed and the <br />fact that virtually no rearrangements of the topography or the environment are being contemplated. • <br />Page 8 of 11 <br />