09/19/2011 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,September 19,2011 6:30 o'clock p.m. Curtis noted these lots do take the drainage from the surrounding area and that drainage in addition to their lots must also be accommodated by the pond. Schoenzeit noted the plan could require an area that could consume a large portion of their plan. Holmers indicated the engineers will continue to discuss the issue and that in his opinion a reasonable solution can be reached. Chair Schoenzeit opened the public hearing at 7:14 p.m. Paul Taylor, 3883 Cherry Avenue, indicated he lives directly across the street from the lots. Taylor asked what would happen with the existing house. Curtis stated it is her belief that the existing house would be removed and a new residence would be constructed. Taylor asked if that lot would become unbuildable. Curtis stated it would be considered a buildable lot. Schoenzeit noted that lots in this area can have less than the required lot width and area. Curtis noted the state statute supersedes the Orono ordinance. Taylor commented he is not sure why they would not take all seven lots together and make three lots. Curtis stated a 50-foot lot is considered a buildable lot by state statute,which means that there are essentially seven buildable lots on the property. Curtis noted the City is not allowed to be more resirictive than the state statute and that there are seven buildable lots on that property per the statute. Taylor stated at the time he constructed his house,he was not allowed to have less than half an acre. Taylor noted he constructed his home in 1987. Curtis stated she cannot speak to when the state statute was originally enacted but that the property owner must meet 66 percent of the dimensional standards for lot width and lot area. Gaffron stated the state statute was enacted significantly later than 1987 and that it was created specifically for this type of situation. Prior to the enactment of the statute,lakeshore property owners were being subject to local rules. They subsequently lobbied the legislature to the point where the legislature said if you have certain lots and they meet individual standards,they should be buildable individually. � Curtis noted the lot area requirement is 10,000 square feet under the state statute. Schoenzeit noted that would be under a quarter acre and that an acre is 44,000 square feet. • Curtis stated the state statute requirement is less than the City's requirement. Page 10