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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 />