08-19-2013 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 15, 2013 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 23 Larson noted in a 1978 letter in the Planning Commission packet (from the then owner Sigrid Vedeler Paige), Item 4 states, “The City of Orono, in not granting my recent request for a variance, has destroyed the value of my property,” which is exactly what happened. The tax assessor was told at some point in the past that there is no sewer stub and the demolition records from 1981 show sewer marked as none. Larson stated the archives show the neighbor across the street attempted to buy the property for 50 cents on the dollars but he was not able to purchase the property. The fence does encroach in the north corner and the fence is now acting as a natural silt fence that protects the runoff. Larson stated as it relates to runoff, it is impossible for this property to flood since it cannot flow uphill. The photo from 1978 that shows water up against the garage came from an ice dam that thawed in the spring and resulted in water backing up against the garage and flowing through it. Larson commented somehow or other that was considered flooding. Larson noted there are no drainage easements for this property and the neighbors and City do not have drainage easement. Larson stated the large boulevard of 19 feet should be considered in granting the street setback variance. Larson indicated they have hired a professional engineer, professional architects, and surveyors to assist with this project. The trees can be protected during the construction and the owners do not want them to be removed. Larson indicated over the years, since everyone was being told there is no sewer, the trees were planted in that area and that it has cost them $500 to locate all the trees. Larson stated the bottom line is that there was a house and garage there at one time and the city’s engineers designed and installed a sewer stub on this property. Larson commented he is sure the former city fathers knew the sewer stub was going in there and that the intent of the sewer stub was that it would someday be hooked up to a bathroom for a house someday. Larson stated this is clearly a lot of record and that clearly the developer did not dedicate this land as commons. This lot is not a park and not a common area but rather private property. Larson noted the survey shows that a park at one time existed on one of the neighbor’s properties that now has a house. Larson indicated this situation is no different than what just happened over on Maple Place. The developer was told there were no sewer stubs over there but, as it turns out, there is a sewer stub on every lot. The lots on Maple Place are 50’ x 100’ and this lot is 80’ x 120’. As it regards the resolution that was previously approved, Larson commented it is a shame what was actually put into writing. Item 2-A states the lot is 8,000 square feet when the lot is actually 9,400 square feet. Under the practical difficulties law, if there is an error in the report, it supports a variance to be granted on the property. The resolution states the lot is100 feet in depth when the land is 120 feet in depth. Larson stated there is an adequate area to construct a house and that it will fit into the setbacks. Larson stated the property owners were never assessed for a sewer unit but they were assessed for a sewer lateral. As far as tax purposes, the property has never been evaluated properly since the tax assessor was told there is no sewer there. Larson indicated his attorneys have looked at the property and that they feel it is a building site. Larson stated they are willing to work with the City and the neighbors on this project. The proposed home will not block the neighbor’s view of the lake since their house is 20 feet higher than this house will be. Item #01 - PC Agenda - 08/19/2013 Approval of Planning Commission Minutes 07/15/2013