02-22-1995 Planning Commission Minutes

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• ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 22, 1995 Berg reiterated that the last time this property was before the City, this level of intense horse use was permitted. This was many months before the City contacted the owner regarding combination of the parcels for a totally different issue. Schroeder felt that Council would have considered use of the entire 31 acres even though the variance was granted on the 9.9 acre parcel. Smith noted the environmental impact of 25 horses on this small parcel of land containing a designated wetland. She also expressed concern over waste removal. Schroeder suggested the City Attorney review this issue to consider if the City did not permit this continued use if it would constitute a taking of the property. Smith asked if the potential buyer had a number of horses to be kept on the property in mind. Napier thought the maximum number would be the number of stalls available in the barn. Hare explained that additional land is too valuable to add to the 9.9 acre parcel. After much research and consideration of septic sites, grade, topography, cul -de -sacs, etc. it was found that two sites on the 22 acre parcel would work best. Nolan thought the more horses that could be put on a property, the more valuable it would be. He questioned the marketability of mortgages for property over 10 • acres. Schroeder agreed. It was moved by Schroeder, seconded by Nolan, to table Application #1995 to permit the applicant further time to look at a more appropriate level of horse use on this 9.9 acre parcel and directed Staff to have the City Attorney review the application regarding the "taking" issue. Ayes 4, nays 0. ACTION ITEMS ( #2) #1990 ROBERT W. CARLSON, 710 GANDER ROAD - VACATION OF EASEMENT CONTINUATION OF PUBLIC HEARING - 7:57 -8:01 P.M. Robert Hare was present representing Robert Carlson. Mabusth explained this application was for a vacation of an easement that was granted to the MWCC in 1975 and she questioned the method used to designate the easement on the plat. The City has no interest in the easement. The MWCC has released their interest in the easement which has been recorded in the Chain of Title of the property. The City still wishes to retain a drainage easement over that portion of the property that encroaches the designated wetland and a 10' drainage and utility easement at the north and south lot lines. Mabusth noted these signed easements must be granted to the City as a condition of Council's final approval. It was moved by Smith, seconded by Nolan, to approve Application #1990 for Robert Carlson's • vacation of easement at 710 Gander Road. Ayes 4, nays 0. 4