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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 14, 2013 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />    Page 11 of 23   <br />(8. #13-3629 RYAN AND STACY ALNESS, 1169 NORTH ARM DRIVE – SUBDIVISION, <br />Continued) <br /> <br />Gaffron stated despite the arguments made by the applicants and their attorney, it is Staff’s view that the <br />Special Lot Combination establishes a relationship between the off-lake parcel and the lake parcel that <br />can only be extinguished by City approval of a subdivision under current codes and is not negated by the <br />recent changes to the statutes. <br /> <br />Staff recommends denial of the requested subdivision on the basis that to approve it would violate the <br />provisions of the subdivision code with regards to lot area and width. Council has the option to direct <br />staff to draft a resolution for denial of the subdivision request; direct staff to draft a resolution for <br />approval of the subdivision request; or table the application for further information. <br /> <br />Printup asked if the property at 1121 North Arm Drive currently has a home on it. <br /> <br />Gaffron indicated it does. <br /> <br />Printup asked if Lot 8 has a home on it. <br />Gaffron indicated it does and noted that Lot 8 is legally combined with the lot across from it. <br /> <br />Printup asked if Lot 9 is being combined with the lot across from it. <br /> <br />Gaffron indicated it is being requested to be combined. <br /> <br />Printup commented he is struggling with the concept of a subdivision for a lot that does not touch the <br />primary residence. Printup stated he understands the fact that there is an agreement in place but that he is <br />having a hard time understanding how the City can subdivide a property that does not touch the primary <br />property. Printup asked if that means a person on the other side of town who acquires a vacant lake <br />property can combine it with his other property. <br /> <br />Gaffron stated the Special Lot Combination requires Council approval and that it has been used in the <br />past in situations where properties are located across the road. Gaffron stated Staff does not track Special <br />Lot Combination agreements separately and Staff is only aware of a half dozen such agreements. In <br />every one of those cases, the City Council had to approve the agreement and they were only approved <br />where there was a relationship between the lots. <br /> <br />Gaffron noted in one situation the county would not combine the two parcels even though they abutted <br />each other because they were located in two separate school districts. In that case a Special Lot <br />Combination was the solution. Gaffron stated he is not aware of a situation where someone who owns <br />property extremely far away has ever attempted to have a Special Lot Combination. <br /> <br />Gaffron stated as it relates to the Orchard Beach application, which is a lot located on the lakeshore, the <br />City received a phone call from a person on North Shore Drive inquiring whether they could purchase <br />that lot and combine it with their property four or five houses down from it in order to allow them to have <br />a dock. The answer given to that property owner was that it likely would not be approved since the City <br />has not done that in the past. <br /> <br /> <br />Item #02 - CC Agenda - 10/28/2013 <br />Approval of Council Minutes 10/14/2013 [Page 11 of 23]