01-21-2020 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 46 be able to say, "No, it's my dock, you can't use it," even though it's on City property. Mr. Robb said he'd like to sell Ms. Fieger a 10-foot Easement along that side which would give her an access. He understands there's a rule against that and he understands the rule but feels that doesn't necessarily apply to an island because it's not a piece of property that you can drive your car to and then have access to the lake. Ms. Fieger is completely landlocked; there are no roads to get to her place. She has to either use the street or go across his property. He asked that they be allowed to sell 10 feet of the property, sell an Easement, or a better situation than putting another dock on the shore. Ressler stated he appreciates the effort to try to get this to work. The Commission can't govern the lake; the Commission has to govern the land. He does not know if the dock would be protected from public use or if it only could be used by government or county officials. Curtis said Staff is asking for occasional City use of the dock and exclusive use for Ms. Fieger. Ressler noted that would eliminate a public right to use the dock regardless of it being placed there or otherwise. He indicated he understood Mr. Robb’s point. Mr. Robb explained that you can't drive to the other side, park your car, go through your house, get into your bathing suit, and walk down to the dock. The lake is the street to get to the island. It's not like it is on the mainland; it's a completely different environment. Ressler agreed that it is unique. Mr. Robb brought a copy of an 1856 plot map of Big Island, indicating Ms. Fieger's and his lots, and said with all the docks it gets tight so they are trying to keep things more open for everyone. Libby said he doubted the plot map is a document of public record and asked if Mr. Robb would be willing to give the Commission a copy of it. Curtis noted she thinks Staff has one. Libby mentioned he is a real estate broker and thinks in real property asset and value all the time because he was an appraiser, too. He asked if there was an offer of remuneration or exchange of dollars between the two parties for the Easement. Mr. Robb said they are looking at something but nothing too much. He just wants it official. He is doing it for ease of access. He indicated an area on the map and said if the dock would go there and J. Marie sells her property, Mr. Robb has strangers walking past his house. The property line is 2 feet off the side of his house.