03-27-1989 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO COUNCIL FETING OF MARCH 27, 1989 • ZONING FILE #1366- BUTTERFIELD CONTINUED Line that have accessory structures on them, and one in particular that has a house being constructed. Mr. Butterfield explained that he rarely encountered pedestrians on the Luce Line at any time of day, with the exception of Fall (leaves changing color) and Sundays. Councilmember Nettles questioned whether the crossing of Luce Line Trail occurred by pedestrians or vehicles? Mr. Buttterfield responded that he had crossed with tractors and trucks. Nettles then asked what type of accessory structure was being proposed south of the Luce Line. Mr. Butterfield said his son was proposing a gazebo -type structure. Mr. Butterfield indicated that the setbacks for that portion of Lot 2 was not a concern, as long as an accessory structure would be allowed. Councilmember Peterson asked Mr. Butterfield what his objections to the proposed resolution were. Mr. Butterfield answered that he was concerned about the continued use of the pond and the ability to obtain peat. He said that he would be happy to comply with the recommendations made by the City Engineer. Assistant Zoning Administrator Gaffron informed the Council that based upon their action, he had drafted specific language • that would pertain to the Engineer's recommendation. The language would require a drainage easement in Lot 1 with the allowance of drawing water from the pond on the northerly property and a conservation and flowage easement that would reference a conditional use permit for the wetlands on the southerly property. Mr. Butterfield would then be required to apply for a conditional use permit. Councilmember Peterson asked whether Mr. Butterfield was successful in obtaining the conditional use permit applied for in 1975. Bernhardson replied that he was directed to do that in 1975 and that staff was recommending that Mr. Butterfield come forth at this time with that application, since the previous approval had been for temporary use only. Councilmember Callahan stated that it was his opinion, the division and use of this property was unique. He was concerned about the extremely long and narrow outlot and felt that there would be a future request for a lot combination of the property south of the Luce Line. He believed that the recommendation of the Planning Commission ought to be followed. Assistant Zoning Administrator Gaffron stated that a "Special Lot Combination" would be filed in the chain of title that would require Lot 2 and Outlot A to remain together. • However, it would not prevent a request for rezoning. Cal lahan did not believe that would be a permanent solution to a possible problem. Callahan reiterated his desire to follow the Planning Commission's recommendation to allow no accessory structures south of the Luce Line. 4