Date Application Received: 4/20/16 Date Application Considered as Complete: 5/3/16 120-Day Review Period Expires: 7/2/16 To: Chair Theisse and Planning Commission Members From: Date: May 12, 2016 Mike Gaffron, Senior Planner Item #5 Subject: #16-3829, John & Sarah Lindahl, 2465-2485 North Shore Drive - Subdivision: Lot Line Rearrangement - Public Hearing Zoning District: LR-1A, One Family Lakeshore Residential District (2 acres/200 width) Application Summary: Applicants own both properties. This is a lot line rearrangement resulting in detachment of a 0.29 acre parcel from 2485 North Shore Drive and re-attachment to 2465 North Shore Drive. Staff Recommendation: Staff recommends approval of the lot line rearrangement as proposed. List of Exhibits Exhibit A. Application Exhibit B. Survey - Proposed Lot Line Rearrangement Exhibit C. Staff Sketch Analysis of Dry Buildable vs Wetland Exhibit D. Hardcover Pre- and Post- Calculations Exhibit E. Airphotos Exhibit F. Plat Map & Property Owners List Pertinent Zoning Ordinance Section Sec. 78-305. - Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1A district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (acres) Lot Width (feet) Front Yard (feet) Side Yard Adjacent to Another Lot (feet) Rear Yard (feet) Side Yard Adjacent to Street (feet) 2.0 200 50 30 50 50 Summary The Lindahls are proposing to relocate the shared lot line between these two developed properties, resulting in a better balance of gross lot area and creating conforming side setbacks for the existing residence and barn on 2465. In terms of dry buildable lot area, neither existing lot is conforming to the 2.0 acre minimum, and neither will become conforming as a result of the rearrangement. In terms of width, 2485 remains conforming at both the OHWL and at the 75 setback line, while 2465 remains nonconforming, becoming 2 feet narrower at the OHWL but 7 feet wider at the 75 setback line. Both properties remain conforming as to hardcover and lot coverage. Both properties are served by municipal sewer. They share an existing driveway accessing North Shore Drive.
16-3829 May 12, 2016 Page 2 of 3 Lot Analysis Table Dry Buildable Area* Wetland Area* Total Area Existing 2465 North Shore Drive 1.33 ac. 0.00 ac. 1.33 ac. 2485 North Shore Drive 1.63 ac. 0.84 ac. 2.47 ac. Total 2.96 ac. 0.84 ac. 3.80 ac. Proposed 2465 North Shore Drive 1.62 ac 0.00 ac. 1.62 ac. 2485 North Shore Drive 1.34 ac. 0.84 ac. 2.18 ac. Total 2.96 ac. 0.84 ac. 3.80 ac. * Dry/wet areas calculated by staff scaled from survey Hardcover Tier 1: 25% allowed Pre- Lot Line Rearrangement Post- Lot Line Rearrangement 2465 North Shore Drive 19.6% 18.6% 2485 North Shore Drive 12.8% 12.7% Building Setbacks. The existing residence at 2465 is approximately 22 feet from the side lot line where 30 would be required in LR-1A. The rearrangement results in this setback becoming conforming at 32.9 feet. Likewise, the existing barn at 2465, currently 3.6 feet from the lot line, will gain a conforming setback of 30.2 feet. The existing residence at 2485 will remain conforming with regard to side setbacks. The boat house at the southeast corner of this property is considered as a legal nonconformity, existing prior to Orono codes (visible in 1945 and 1956 airphotos). This boat house is 11.4 feet from the side lot line and will be approximately 9 feet from the line after the rearrangement. No Park or Stormwater Fees Due. This lot line rearrangement does not result in new lots; the before condition is two developed building sites, and the after condition is two developed building sites. Therefore, no park fees and no stormwater trunk fees will be due. Drainage & Utility Easements. There is an existing municipal sewer easement that crosses both properties which will not be affected by the lot line rearrangement. Because these are not platted properties, there are no existing drainage and utilities easements that would be impacted or that might create future issues if not vacated, and no such easements are required to be granted. Driveway Easements. The lot line rearrangement will result in the need for modifying the existing driveway easements between the properties. Applicants have submitted legal descriptions to accomplish this. Combination of Parcels. New deeds must be created for both properties reflecting the new legal descriptions. Applicant s attorney will be handling this.
16-3829 May 12, 2016 Page 3 of 3 Staff Recommendation Staff recommends approval of the lot line rearrangement. New proposed legal descriptions have been drafted for each property. As part of this approval the applicants will be required to file new deeds based on the new legal descriptions. Planning Commission should hold the public hearing regarding the lot line rearrangement and make a recommendation to the City Council.