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MINUTES OF THE ORONO PLANNING COMMISSION <br />MEETING HELD ON JUNE 16, 1997 <br />• l n Freeburg ( #C - # ?_.L.4 c ,Barbara Theisen and C ayto g - Continued) <br />Stoddard told Theisen the Commission would like to assist them but the circumstances <br />made it difficult. He felt the first step for the applicants to take would be to find out if <br />they had any legal recourse and to contact the County regarding their needs. <br />Theisen asked Commission for direction regarding whether the City would approve such a <br />vacation. Freeburg added that the County told him to contact the City first. <br />Lindquist, Smith, and McMillan all agreed that they could not approve the vacation. <br />There were no public comments. <br />Lindquist informed the applicants that a denial would move the application to the Council <br />for consideration. <br />Theisen questioned what could be gained by contacting the County. <br />Freeburg said he would like to have his garage in conformance and on his own property. <br />The additional property would also bring his lot closer to conformity. <br />Lindquist suggested Freeburg may have action against his title company who did not <br />• recognize the garage was not on the applicant's property. <br />• <br />Smith suggested moving the garage. <br />McMillan indicated that the garage still straddles the alley and Lot A presents another <br />problem. <br />Smith cited a past example of an alleyway located between two homes with the City <br />maintaining the right -of -way and a utility easement. This application is more difficult as it <br />involves a road with expansion possibilities in the future. <br />Lindquist asked the applicants if they would like the Commission to deny the application <br />or if the applicants would like to withdraw their request for vacation. <br />Gappa noted that if Lot A is owned by the highway department, a driveway permit may be <br />sought. Theisen questioned whether Lot A is a right -of -way. Gaffron indicated that it has <br />apparently never been designated as such. Gaffron said Lot A is shown on a 1921 plat of <br />property that became Tonkaview Gardens extending across it. <br />8 <br />