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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,February 10,2020 <br /> 6:00 o'clock p.m. <br /> 14. LA19-000101—AL AZAD,200 BEDERWOOD DRIVE,LOT AREA VARIANCE <br /> Staff presented a summary of packet information. <br /> Crosby asked Staff to indicate the location of the lot; Staff indicated the lot locations and proposed <br /> driveway easement. <br /> Walsh asked whether the proposed driveway easement meets all the setbacks. <br /> Oakden said the easement would have a six-foot setback from the neighboring property line,it would be a <br /> 12-foot driveway,and there would be six feet of space before the easement would end. The City has a <br /> minimum five-foot driveway setback. <br /> Mr.Al Azad, 200 Bederwood Drive,Orono, said the lot is more than two acres and they have been <br /> working to create an access. There is no other lot access and the beautiful lot is sitting empty. <br /> Walsh stated he understands and,because it is a buildable lot,the owner has a right to have access to it. <br /> It's just a matter of how,where,and when. <br /> Mr. Azad said the property owners to the south have lived there over 30 years,the Azads have lived there <br /> since 1998, and there has never been an issue with the service line. If they prepare an easement,he would <br /> be glad to give them access to the pipe as long as it is only access for the pipe. <br /> Mr.Jeff and Ms. Renee Mueller,222 Bederwood Drive. Mr.Mueller does not have a problem with a <br /> driveway going to the property.His concern is, it is going to go over his sewer line which goes to the <br /> main trunk. The sewer line was put in years ago, and he does not think the line was made to have a <br /> driveway over it with heavy equipment driving on it. It is not a sewer line underneath a road; it is through <br /> a lot to a trunk line. He referenced a comment made that the pipe is at least ten feet under the ground. He <br /> doubts that,because when the line was put in,there was a hill and the line is behind it,which is why the <br /> houses are fed from behind.The main trunk is 22 feet in the ground,and he does not think they went <br /> another ten feet to have the line from his house down another ten feet. When the sewer trunk was put in, <br /> there was already an access to that lot with a concrete culvert and a driveway, and Orono should have that <br /> as an as-built. It was not his choice to put the sewer line there,but he would like some kind of guarantee <br /> that it is not his responsibility to dig up the driveway if there are damages. <br /> Walsh stated that is a different legal issue. <br /> Mr.Mueller said Orono created the issue.Ms.Mueller said they asked at the Planning Commission <br /> meeting if the City usually put a sewer connection on someone else's property, and they said no. <br /> Walsh noted there was a lot of weird stuff in Orono and this is not the only circumstance. <br /> Mr.Mueller said they sat in a lot of meetings when the sewer was put in and it was the City's decision to <br /> do that.If a house is built on the lot,there is going to be all kinds of construction equipment driving over <br /> the sewer line. If it gets ruined,he is not fixing it and paying for their driveway. <br /> Walsh stated it is pretty clear that if someone damages something directly,there is an obvious claim to <br /> understand who is going to take care of it. <br /> Page 4 of 15 <br />