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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 14, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 23 (8. #13-3629 RYAN AND STACY ALNESS, 1169 NORTH ARM DRIVE – SUBDIVISION, Continued) The applicants are requesting subdivision approval to extinguish a Special Lot Combination Agreement that was executed by the City and the prior property owners in 2001. That agreement formally established that the lake parcel and the off-lake parcel will not be used, conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. The applicants are requesting the lake parcel become a separate buildable lot. The Planning Commission, at its September 16 meeting, voted 4-3 on a motion to recommend denial of the subdivision. Gaffron stated the applicants have requested that the Special Lot Combination be extinguished. The lake parcel is located on the opposite side of Elmwood Avenue and offset by approximately 100 feet. The applicants have been working to create a building floor plan, grading plan, etc., that they believe would meet setback requirements as well as hardcover requirements for the lake lot. The off-lake parcel is where the existing house is located and it has a driveway off of North Arm Drive. The lake parcel and off-lake parcel have been commonly owned since 1969. In 1971, the owner at that time applied for variances to make the lake parcel buildable. The owner at that time was suggesting the assessed value was too high for a buildable lot. His intent in purchasing the lot was to have a dock. The variance application in 1971 was denied. In 1981, ten years later, a variance application was again submitted by the same owner. After the Planning Commission recommended denial, that application was withdrawn. Gaffron stated a third variance was applied for in 2001 by a new owner. The variances were again denied. In order to legitimize the use of the lake parcel for a dock, which is an accessory structure and not allowed on a lot without a principal structure, the owner, Kristi Roesler, was required to execute a Special Lot Combination Agreement. The agreement established that the lake parcel and the off-lake parcel will not be used, conveyed, sold, leased, or otherwise encumbered except together as if they were a single parcel. That agreement is binding and goes with the property permanently. The basis for the applicants requesting a subdivision is Term No. 7 in the Special Lot Combination Agreement which states that the terms and conditions of this indenture may be modified, amended or extinguished and thereafter Parcel A and Parcel B may be subdivided, sold separately, or reduced in part only upon application by the grantor of the property to the grantee, the City, for approval of a subdivision in accordance with the platting code of the City in effect at the time of such application. Gaffron stated the condition that requires a subdivision was carefully and purposely worded and goes back at least 30 years. The City has other Special Lot Combination Agreements that go back at least 30 years that contain the same or similar language requiring a subdivision process to undo the agreement with the requirement that such subdivision must adhere to the platting code that is in effect at the time of the application. Gaffron stated such a future subdivision could only occur if the new lots adhered to the current zoning standards, and Lot 7, as a separate lot, is substandard in width and area. The lot is located in a one-acre zoning district. Item #02 - CC Agenda - 10/28/2013 Approval of Council Minutes 10/14/2013 [Page 6 of 23]