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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 23 (8. #13-3629 RYAN AND STACY ALNESS, 1169 NORTH ARM DRIVE – SUBDIVISION, Continued) Kavanaugh stated he is not sure whether this is referencing the fact that the application has to be made in accordance with the platting code or whether the lot has to be made in accordance with the platting code. Kavanaugh commented that City Staff wants it to say and mean that it is the minimum lot requirements at the time. If Staff specifically crafted this language for this situation, that particular language could have been used, but it does not say that and it was not put in there by the City. Kavanaugh stated if the applicant at the time who entered the Special Lot Combination Agreement had applied a couple of years later to terminate the Special Lot Combination Agreement because they no longer wanted a dock, his assumption is that Staff would have had no problem with that. Kavanaugh stated if you go back through the record, the agreement was not to prevent development but merely to allow a dock. Kavanaugh stated it is also clear a new lot does not have to be created since it already exists and has been there since 1933. There are separate tax ID numbers. The property owners are not asking for several acres of raw land to be converted into lots that do not meet the minimum requirements. Stacy Alness, Applicant, stated the goal with the lot is to be able to construct a home that meets their family’s growing needs. Alness noted they currently have one son and they would like to have more children at some point. The current home does not accommodate their growing needs and they would like the opportunity to construct on the lake lot. Alness stated they have shown they can meet the City’s requirements and they are willing to work with the City to address any access issues. Alness indicated they have already spoken with the neighbor at 1153 to obtain an easement and that they are attempting to come up with other solutions to deal with the lift station. Alness stated as it relates to the bluff, she would have thought the surveyor would have pointed that out on the survey. Surveyor Mark Gronberg is very familiar with the area and knows what a bluff is. Alness reiterated they are willing to work with the City to resolve any issues relating to runoff and access. Ryan Alness stated the small lot size would not be uncharacteristic of the neighborhood. The property next door just recently sold and was part of 1179 for 30 years. That lot has been broken off and will be built on. In addition, the property at1161 for the last 30 years had a dock on it without a principal residence. The principal residence was at 1179 Elm Street and a Special Lot Combination agreement was never enacted, which allowed them to sell it off as a separate lot. Stacy Alness stated the Hannas also own a little piece across the street. Alness stated they can break a little sliver off of Lot 6 and do some sort of agreement. Alness stated they meet all the requirements with their lot. Alness stated it has been pointed out that the other neighbors across the street own little slivers and they can do that as well. Mattick indicated he has spoken with Staff and Mr. Kavanaugh on this application. Mattick stated he understands that Mr. Kavanaugh disagrees with the City’s position but that he does not believe Mr. Kavanaugh’s interpretation of the agreement is correct. Item #02 - CC Agenda - 10/28/2013 Approval of Council Minutes 10/14/2013 [Page 13 of 23]