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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
October 2, 2006 PLANNING COMMISSION 6:30p.m.
The meeting was called to order at 6:30 p.m. with Paul Beere, Brian Wanasek, Bob Willard and Chris Johnson present. Maureen Eckert was absent.
Betty Novy, Secretary was also present.
Pledge of Allegiance.
Minutes. Bob moved, 2nd by Brian to approve minutes of the August 7, 2006 meeting. Motion carried.
Application for Variance and Conditional Use to construct a 20’ x 30’ open-sided pavilion 35511 Lakewood Avenue Applicant: Honey Lake Improvement Association (Tax Key #014-03-19-18-152-000)
Gary Schumacher addressed the Commission. Gary explained the variance is required because the pavilion will be on the fringe of the floodplain. The pavilion will be an open structure with no plumbing. The design is such of a roof constructed over a concrete slab. Eventually, electricity is planned for the structure. The pavilion will be built on two lots owned by the Association and will be used for Association events. Chris questioned sanitary facilities. Gary explained port-a-pots are rented when events are held. The pavilion will be paid for with association fees. Paul moved, 2nd by Bob to recommend approval of the variance. Motion carried.
Request to lift deed restriction to divide Lot 3 of a Certified Survey Map recorded in 2002 2433 Maple Road Owner: Dolores (Dee) Prince (Tax Key #014-03-19-04-002-030 10.16 Acres)
Betty reported on legal review of the request. The Town attorney verified proposed re-division of this Certified Survey Map is not restricted by the five-year limitation stated in the Town’s land division ordinance. Up to four lots can be created within that time frame. This division originally created three parcels so creation of one more parcel is allowable. However, a restriction is placed on the Certified Survey Map stating “No Further Land Divisions Allowed to Lots 1 thru 3”. A legal document is necessary to lift the restriction. This document must be recorded and signed by the Town and all title owners of Lots 1 – 3.
Dee Prince addressed the Commission as the owner of Lot three. Dee explained consent has been obtained from the owners of Lots one and two. She presents the request because her co-owner/ partner passed away and she is unable to afford the land as it is. She would like to stay in the house and divide off five to six acres to sell.
Brian and Bob recalled details of when this land division originally took place. The Plan Commission discouraged the land division because of concerns stated by Ed Stone (an adjacent landowner) regarding the number of driveway entrances on Maple Road and the “piano key” lot configuration. Bob stated the Commission originally encouraged the land (20.42 acres) to be sold as one unit. He felt division into three parcels was a compromise at the time.
Dee stated when she and her partner originally purchased the land, the house was marketed on five-acres. They wished to buy the additional five-acre parcel to the north and that was what they did. Dee stated she was unaware of the deed restriction on the parcel at the time of purchase. Because of this, she was under the impression that the additional five acres could be sold again. Chris Johnson recalled the details of this sale. He believed they paid a price for the additional five acres as if it was a separate buildable parcel.
Minutes were reviewed from original consideration of the land division. It was verified the original application was for four parcels. The timing was such that it concurred with Dee’s story. The proposed land division changed from four to three lots at the August 2002 meeting, which is after Dee and her partner had told the realtor they wanted the additional five acres.
There was question on the precedent that would be set by lifting a “No further division” restriction. Brian and Bob explained proposed revisions to the Town’s Land Use Plan weigh heavily on the Plan Commission’s ability to impose and maintain this type of restriction on required open space. If deed restrictions are lifted right away, they don’t see how this concept will work. They also questioned what type of circumstances would warrant a decision to lift restrictions. They did not see financial hardship as viable justification.
Chris disagreed in that the original density allowed for an additional parcel and it was marketed to the owner in that way. That is what he felt makes this circumstance different from others that may be encountered in the future.
Bob moved, 2nd by Brian to recommend that the deed restriction NOT be modified because of the precedent it would set. Votes were: Bob: Aye; Brian: Aye; Paul: Aye; Chris: Naye. Motion passed.
Dee was informed that the request and recommendation would be referred to the Town Board for consideration at their October 9th meeting.
Request for review and recommendation to adopt:
Bob indicated he would like time to review the document and requested a bound copy. Betty will provide such at the November meeting and he will report on his review to the Plan Commission at an upcoming meeting.
Brian moved, 2nd by Bob to adjourn at 7:20 p.m.
Respectfully submitted,
Betty Novy, CMC Clerk-Treasurer |