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MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Monday, November 18, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 18 of 46 <br /> <br />Ressler suggested to make a recommendation as such and see if that can head off some of the public <br />discussion, close the public hearing, have a discussion, and make a motion to allow this to find a solution <br />on another date. <br /> <br />Ms. Saiki noted all of those accesses that were on Casco, the landlocked lanes, were abandoned because <br />there were Easements on property that had access. <br /> <br />Chair Ressler closed the public hearing at 8:07 p.m. <br /> <br />Gettman moved, Erickson seconded, to abandon and deny Application LA19-000086, J. Marie <br />Fieger, 580 Big Island, Permit for Dock on Right-of-Way. <br /> <br />Libby said the Casco resident brought up an issue that supports the Mayor's recommendation. There are <br />aspects of liability for the City if a dock were to be installed there, and the Commission should condition <br />that this should be brought to the attention of the City Attorney. <br /> <br />Ressler noted what is in front of the Commission does not work for the application. <br /> <br />Libby indicated it is very perplexing because there is a citizen’s group of residents who are advocating <br />more for a City issue and Staff is advocating more for an approval to the applicant to use the City right- <br />of-way. <br /> <br />Thiesse noted the request was to have a dock on the City right-of-way so that's what's been brought <br />forward. Whether or not the applicant or the community wants that, that is what is in front of the <br />Commission. If it is not going to be used, does the Commission deny or approve it. <br /> <br />Ressler said approving it would not do any good because it is not going to suit what the intended use is. <br />Denying it and allowing the Council to start working on a solution that works is prudent, and that allows <br />Staff to work with the Council on something that might be agreeable. <br /> <br />Barnhart noted there are two issues: one, responding to the request in front of the City; two, perhaps there <br />are other options to address the issue that might be more palatable to the neighborhood and the City. If the <br />Commission elects to deny the application, reasons must be given. There's no other written Easement, nor <br />can there be, so an Ordinance needs to be taken. He is somewhat cautious of recommending denial on an <br />application that conforms to the City Code standards. A denial relies on two things happening: One, an <br />Ordinance Amendment against the longstanding practice, which may be approved but requires that <br />process; two, a private third party to grant an Easement. He does not want to put the applicant in a <br />position where those two things have to happen for them to have dock access. <br /> <br />Ressler said he is not sure the space can be used for what the applicant would like to use it for. Also, one <br />of the public comments was the concern of blocking use for a barge or other vehicle to get access to