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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />Tuesday, January 21, 2020 <br />6:30 o'clock p.m. <br />applicant is proposing to put a driveway in a different location. She said the survey that was submitted is <br />dated 9-21-17. They have had a dispute with the applicant for 11 years over a property line. They ended <br />up with four feet and the applicant ended up with two feet of the south six feet. The Muellers' lot is very <br />small, and it makes a tremendous difference to them as far as what happens in this situation. <br />McCutcheon asked if any trees would need to be cut down if the proposed driveway went in that location. <br />Mr. Mueller indicated there are two rows of trees and one of them is going to have to go. They're on the <br />applicant's property. <br />Ms. Mueller referenced the map to indicate how close everything is and said that is the only reason for the <br />property line dispute and shelling out thousands of dollars, was to try to maintain some portion of their <br />property. Mr. Mueller said it would not make any difference to Kathleen on the other side of the road <br />because her house is for sale. <br />Libby asked if their primary concern is what might happen to the infrastructure of the sewer. <br />Mr. Mueller said that it was. If a driveway were put in, it means they would be digging out the black dirt <br />and everything else. He was in the construction business for years, and if you keep driving over a sewer <br />line, either something is going to freeze or break, et cetera. <br />Libby stated it was a reasonable question and that he was not questioning its validity. <br />Mr. Mueller said Staff suggested getting an easement from the applicant but that would probably not <br />happen. They have not talked except in court. <br />Gettman asked the Muellers if they were aware of any other use of the lot the applicant is trying to gain <br />access to. <br />Mr. Mueller said Gustafson had a big garden there and it was always an empty lot. Ms. Mueller stated <br />there was a big shed there which ended up being partly on their property that he had to remove after he <br />sold it. Mr. Mueller said Jerry used the driveway and the shed which was on the Mueller property. It has <br />always been a confusing property line. When the applicant bought the lot, Jerry said the creek was the <br />property line and the driveway was the property line. But it wasn't, and then things didn't go very well. <br />Mr. Mueller said when the sewer was put in, there was a red rock driveway going up through the <br />property. They put a concrete culvert in, and the sewer stub for that back lot is right there. They let that <br />grow over and some landscaping has been done, so there is no driveway there anymore and now they <br />want to establish a new one. The feeling the Muellers get is, "We'll get you one more time." He is <br />concerned about the sewer line. <br />Libby said the question about who is responsible is more of an engineering question. It is difficult for the <br />Planning Commission to address because there is private property and a public utility. He suggested the <br />Director may be better to comment than the Commissioners. <br />Mr. Mueller stated his main concern is, if somebody builds a house back there and things get ruined and <br />now there's a blacktop driveway, it should not be up to him to fix that. <br />Libby asked Staff what size the line was there. <br />Page 3 of 14 <br />