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Melanie Curtis From: Melanie Curtis Sent: Wednesday, June 24, 2015 2:28 PM To: 'Ted Martin' Cc: Lars Peterssen; Steven Streeter; Connie V Subject: RE: 1050 Edgewood Hills Meeting Notes Ted Below is a summary of the setback requirements prepared by Mike Gaffron in our office. He outlines the reasons behind our determination that the front setback line should be measured from a point 25 feet from the centerline of the private road easement. Perhaps more than you were looking for but, better than less. O If you want to request ta encroach into the 50-foot setback a setback variance would be required. Edgewood Hills Setback Requirements Having looked at the street files for the neighborhood, and reviewing the codes in effect at the times homes were built, my conclusions are as follows: 1. The subdivision is an RLS that has lot lines platted to the center of the road. 2. The road is a private road on an easement that is 50' wide, centered on the common lot lines of property to the north and south. That is, the first 25' of each lot is encumbered by a road easement. The same 50' standard for road easement width applies today, except today the private road would be platted as an outlot on a plat rather than created as an easement on an RLS. 3. Regardless whether the road is considered as public or private, the front lot line for zoning purposes is considered as the edge of the 25' easement, not the common lot boundary. Setbacks are measured from the easement line, not the lot boundary. Background The area was zoned "Orono District" from 1950 to 12-31-67, requiring 1-1/2 acre lots. Ordinance #45 in 1962 established a minimum front setback of 30 feet. Houses built in 1967 or earlier on Edgewood Hills Road appear from their surveys to meet this standard. The area was rezoned R-1B, 1-1/2 acre as of 1-1-68, with a minimum front setback of 50'. The house at 985 Edgewood Hills built in 1968 appears to have been placed at exactly 50 feet from the centerline rather than the edge of the easement. The house at 1050 Edgewood Hills, built in 1969, is only 45' from the centerline and 20' from the easement, breaking all the conventional rules. The area was rezoned in 1975 to RR-1 B, 2-acre, requiring a 50' setback. From the information and surveys in the street files it appears that all new construction, additions, etc. from the mid-1970s to today has been required to meet a 50' setback from the edge of the easement. The house at 965 Edgewood Hills was built in 1987 pursuant to a lot area and front setback variance. The variance file specifically notes the required 50' setback from the road easement and granted a variance to be 27' rather than 50' from it. Michael P.Gaffron Senior Planner 1