01-21-1997 Planning Commission Minutes

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a f MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 • ( #1) 7:00 P.M. - #2201, GEORGE ADAMS, JAMES FIEGER AND S.T. ROBB, JR., 570, 580, 590, AND 600 BIG ISLAND - VACATION OF UNIMPROVED RIGHT -OF -WAY 7:10 -7:47 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present. Gaffron reported that the application was a request for a vacation of the dedicated portion of right -of -way of the Pleasant View plat of 1888 due to the need for upgrading of septic systems. The applicants have met together to obtain a suitable location for a combination septic. Gaffron informed them that the City is appreciative of these efforts. He noted the property locations as well as the platted right -of -way to the east and west and park property. The park is an unimproved City park that is designated as park property only. The location found to be acceptable for the septic systems is in the right -of -way. Gaffron suggested vacating be made of only a portion of the right -of -way and a rededicating of the an adjacent portion but noted this would interfere with the access to the Henderson property. The Staff memo also refers to the need for vehicular access for the properties to the rear due to the high elevations. Gaffron said the Staff recommendation is for denial of the comprehensive vacation but request applicants to accommodate the septic in one area and enlist the assistance of adjacent property owner Erickson for legal access to the • Henderson property. Gaffron noted the number of letters received from neighbors and utilities regarding the vacation. The letter writers are not in favor of the vacation. Adams reported that the access road utilized by the property owners and is located between the Robb property, and it extends to and crosses over the Fieger property. He stated the park property is mainly under water all summer long. Adams said the area is completely forested and would not enable a fire engine to cross. The area to the east is mainly swamp. Fieger said the applicants have never asked for the vacation of the entire "T" area but only the area on the right side (east) which affects his own property. Fieger said he is willing to make a shift in his property line to allow the other properties to continue crossing to gain access to their properties. He noted lot 22 is under water, adding he also owns lots 23 and 24. Adams and Fieger have owned their properties 20 years and Robb 40 years (owner of lots 19, 20, and 21). Fieger informed the Commission that the only suitable soils found for the septic is the location noted. •