10-13-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13, 1997 ( #10 - #2298 Conley Brooks Jr. - Continued) Gaffron reviewed the number of issues that concern the Staff. He questioned whether the County would allow the recombination across the lake. If not, then a special lot combination would be required that would disallow the lot to be sold separately, as property cannot by Code be divided to create substandard lots. Gaffron said the peninsula portion of 905 Ferndale is not contiguous with the 980 property. The peninsula area was used for hardcover calculations for 905 Ferndale. Approval could set a precedent for such requests for properties located across the lake from each other. The code does not strictly address this issue, but the proposal does not fit with the concept of contiguity and abutment of properties that are basic to zoning practice. Gaffron said there are other options to gain control of this property through the use of easements, but the proposed detachment and recombination is not recommended by Staff. Attorney, Bob Mitchell, noted a letter written to Council. The purpose of the letter is to show that how the land was originally platted and how it is unclear that the land is not contiguous one to another. He indicated the significance shown is that people in the past have purchased government lots without considering the lay of the land. Mitchell said the North Shore Cottage area properties are not necessarily contiguous. Other examples were shown as well. 0 Mitchell said recent maps are more precise in their detail. He indicated the County's half section map shows inconsistencies in how the land was platted and how parcels are not • necessarily contiguous. From this, Mitchell says it is just as logical for this parcel to become part of 905 Ferndale. He noted the higher views for the 905 West Ferndale parcel located on the bluff with the subject peninsula property being low in elevation. Mitchell said the combination would allow for creating stability. He indicated that if the channel is allowed to become filled with silt again, it could create problems for use by the neighbors. Mitchell said he agrees that the case is unusual but is of the opinion that the rearrangement would secure the beach views. He said the applicant is willing to sign an agreement stipulating that no subdivision of the property would occur. Jabbour asked how this would be more effective than stipulation within the deed or covenant. Mitchell indicated that although the property could not be subdivided, the applicant would have to full right to place a covenant over it. The desire to preserve views and ownership would allow this to occur. Future owners may not agree to preserve the views. It was also noted that swimming is not feasible in the lagoon portion. Jabbour said he has strong reservations about granting this request. He questioned how it differs from an outlot. Gaffron reported that the property was platted as a lot for some unknown reason and legally combined with 905 West Ferndale. Kelley questioned 0 16