10-21-2013 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16, 2016 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 34 Stacy Alness indicated that is correct and is due to the lift station. Mrs. Meerkins stated she would like it to be clear that she opposes an easement on her property. Chair Leskinen closed the public hearing at 7:42 p.m. Landgraver noted there have been additional comments received. Gaffron stated the City has received two letters that arrived after the packet was delivered. The first letter is from Glenn Solie and reads as follows: “Melanie, per our conversation, we (Nancy and I) oppose the request for 1169 North Arm Drive to be separated into two buildable lots. I agree with all comments already expressed by Claus Weiler and Renee Wilkins (sic) in the attached document. In addition, I have concerns about the impact of storm water drainage. These are issues that already exist and additional development would only make this situation worse.” The other letter received is from Jennifer Adams and reads as follows: “I am writing to you in regards to the proposal to remove the special combination that was applied to the 1169 North Arm Drive property that combined it with a lakeshore lot on Elmwood Avenue. I am a resident at 1180 Elmwood Avenue and my property adjoins their property in the backyard. I am unable to attend the meeting this evening due to a family obligation out of town. I fully support Ryan and Stacy’s request to split their lakeshore lot from their 1169 North Arm Drive property. As I recall, one of the previous owners of the property (Christie) had wanted to build on the lakeshore lot. At that time, a building was not allowed. So when her request was denied, she was required to combine the two properties together. Now that the lakeshore lot is legally a buildable lot and other neighbors have been allowed to sell their lots with the intent to build, I expect that Ryan and Stacy Alness would be allowed the same consideration. Their subdivision request should be approved. The lots are still separate lots with separate property taxes and were only combined by special agreement. Please correct this situation for this family so that they may make full use of the properties that they own.” Leskinen indicated she is completely opposed to extinguishing the Special Lot Combination Agreement. Leskinen noted the agreement is a legally binding combination and the previous owner was not required to sign it. The previous landowner requested approval by the City in order to be able to make the dock legal and that was the only option the City had to make the dock legal. The parcel had been deemed unbuildable a number of times prior to the previous property owner’s request and the agreement was entered into and is now part of the chain of title. Leskinen stated it is not a situation where the City is picking on any particular landowner and that the agreement was fully available to any subsequent buyers. On that basis, Leskinen indicated she cannot find any good reason to extinguish that agreement in order to create a substandard lot in Orono. Lemke noted at that time the lot was deemed to be unbuildable, but since then circumstances have changed and it would not necessarily, according to Staff, be a substandard lot at this time. Gaffron stated had there not been a lot combination that makes this entire group of parcels one lot, that lot likely would be allowed today to be a building site such as the one just to the south, which includes property across the street from it. Gaffron stated there is no question that but for the Special Lot Combination Agreement, that lakeshore lot likely would be allowed to be built on. Leskinen asked if it would be a conforming lot. Item #01 - PC Agenda - 10/21/2013 Approval of PC Minutes 09/16/2013 [Page 14 of 34]